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THE 



Political Reformation 



1884. 



A Democratic Campaign Book. 



BY AUTHORITY OF 

THE NATIONAL DEMOCKATIC COMMITTEE. 



NEW YORK 
1884. 



r 



NATIONAL DEMOCRATIC COMMITTEE. 



Alabama Henry C. Semple : Montgomery. 

Arkansas S. R. Cockkill, Jr Little Bock. 

California M. F. Tarpey East Oakland. 

Colorado Charles S. Thomas Denver. 

Connecticut Wm. H. Barnum Lime Bock. 

Delaware Ignatius C. Grubb Wilmington. 

Florida Samuel Pasco Monticello. 

Georgia Patrick Walsh Augusta. 

Illinois S. Corning Judd — Chicago. 

Indiana A. H. Brown Indianapolis. 

Iowa M. M. Ham Dubuque. 

Kansas C. W. Blair Leavenworth. 

Kentucky Henry D. McHenry Hartford. 

Louisiana B. F. Jonas New Orleans. 

Maine Edmund Wilson. '. Thomaston. 

Maryland A. P. Gorman. Laurel. 

Massachusetts Frederick O. Prince Boston. 

Michigan Don M. Dickinson Detroit. 

Minnesota P. H. Kelly St. Paul. 

Mississippi C. A. Johnston Columbus. 

Missouri John G. Pratheb St. Louis. 

Nebraska James E. Boyd Omaha. 

Nevada John H. Dennis Tuscarora. 

New Hampshire A. W. Sulloway Franklin. 

2^ew Jersey Miles Ross New Brunswick. 

New York Hubert O. Thompson New York City. 

North Carolina M. W. Ransom Weldon. 

Ohio W. W. Armstrong Cleveland. 

Oregon A. Noltner Portland. 

Pennsylvania William A. Wallace Clearfield. 

Rhode Island :.J. B. Barnaby Providence. 

South Carolina F. W. Dawson Charleston. 

Tennessee R. F. Looney Memphis. 

Texas O. T. Holt Houston. 

Vermont B. B. Smalley Burlington. 

Virginia John S. Barbour Alexandria. 

West Virginia Lewis Baker Wheeling. 

Wisconsin Wm. F. Vilas Madison. 

Arizona W. K. Mead Tombstone. 

Dakota M.H.Day Springfield. 

Diet, of Columbia William Dickson Washington, D. C. 

Idaho John Haley Idaho City. 

Montana W. J. McCormick Missoula. 

New Mexico Geo. W. Fox Socorro. 

Utah J. B. Roseborough Salt Lake City. 

Washington J. H. Kuhn Ft. Townsend. 

Wyoming M. E. Post Laramie City. 

Hon. WM. H. BARNUM, Chairman. Hon. F. O. PRINCE, Secretary. 

Charles J. Canda, Treasurer, 52 William Street, New York. 

Edward B. Dickinson, Official Stenographer. 



EXECUTIVE COMMITTEE. 



William H. Barnum, M. M. Ham, S. Corning Judd, 

A. P. Gorman. B. F. Jonas, J. B. Barnaby, 

H. O. Thompson, Henry D. McHenry, Bradley B. Smalley, 

Wm. A. Wallace, F. W. Dawson, John G. Prather, 

William F. Vilas, Miles Ross, M. W. Ransom, 

John S. Barbour, P. H. Kelly, Wm. W. Armstrong. 

Austin H. Brown, Alvah W. Sulloway, 

Hon. WM. H. BARNUM, Chairman. Hon. B. B. SMALLEY, Secretary. 



SUB-COMMITTEE OF SEVEN. 



Hon. A. P. GORMAN, Chairman. 
H. O. Thompson, John S. Barbour, Miles Ross. 

M. W. Ransom, Austin H. Brown, B. F. Jona?. 



National Democratic Committee. 

CAMPAIGN O 

11 West 24th fi 

New York City. 



Fk^ekxck 0. P^cb, ^ CAMPAIGN OF 1884 

B. B. SHAi^ ^ ^ u West 24th street 



Dear Sir i 

The National Democratic Committee asks that the person receiving 
this book will remit to the undersigned by mail, One Dollar, which will 
cover cost of same and postage. 

Persons ordering ten or more Books by express or mail will be 
charged fifty cents per copy, 

-WJVE. HI- BA.R,IsrTTiyE, 
Chairman, 

1 1 West 24 th Street, New York City, 



THE 



Political Reformation 



OF 



1884. 



A Democratic Campaign Book. 





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BY AUTHORITY OF 








THE 


JN T ATI(OTAL DEMOCKATIC 


COMMITTEE 




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1884. 







DEMOCRATIC PLATFORM. 

The Democratic party of the Union, through its representatives in National 
Convention assembled, recognizes that, as the nation grows older, new issues are 
"born of time and progress, and old issues perish. But the fundamental principles 
of the Democracy, approved by the united voice of the people, remain, and will 
ever remain, as the best and only security for the continuance of free government. 
The preservation of personal rights ; the equality of all citizens before the law ; 
the reserved rights of the States ; and the supremacy of the Federal Government 
within the limits of the Constitution, will ever form the true basis of our liberties, 
and can never be surrendered without destroying that balance of rights and powers 
which enables a continent to be developed in peace, and social order to be main- 
tained by means of local self-government. 

But it is indispensable for the practical application and enforcement of these 
fundamental principles, that the Government should not always be controlled by 
one political party. Frequent change of administration is as necessary as constant 
recurrence to the popular will. Otherwise abuses grow, and the Government, 
instead of being carried on for the general welfare, becomes an instrumentality for 
imposing heavy burdens on the many who are governed, for the benefit of the few 
who govern. Public servants thus become arbitrary rulers. 

This is now the condition of the country. Hence a change is demanded. The 
Republican party, so far as principle is concerned, is a reminiscence ; in practice, it 
is an organization for enriching those who control its machinery. The frauds and 
jobbery which have been brought to light in every department of the Government, 
are sufficient to have called for reform within the Republican party ; yet those 
in authority, made reckless by the long possession of power, have succumbed 
to its corrupting influence, and have placed in nomination a ticket against which 
the independent portion of the party are in open revolt. 

Therefore a change is demanded. Such a change was alike necessary in 1876, 
but the will of the people was then defeated by a fraud which can never be for- 
gotten, nor condoned. Again, in 1880, the change demanded by the people was 
defeated by the lavish use of money contributed by unscrupulous contractors and 
shameless jobbers who had bargained for unlawful profits, or for high office. 

The Republican party during its legal, its stolen, and its bought tenures of 
power, has steadily decayed in moral character and political capacity. 

Its platform promises are now a list of its past failures. 

It demands the restoration of our Navy. It has squandered hundreds of mil- 
lions to create a navy that does not exist. 

It calls upon Congress to remove the burdens under which American shipping 
^has been depressed. It imposed and has continued those burdens. 
«" It professes the policy of reserving the public lands for small holdings by 
actual settlers. It has given away the people's heritage till iiotv a few railroads, 



4 DEMOCRATIC PLATFORM. 

and non-resident aliens, individual and corporate, possess a larger area than that of 
all our farms between the two seas. 

It professes a preference for free institutions. It organized and tried to legal- 
ize a control of State elections by Federal troops. 

It professes a desire to elevate labor. It has subjected American workingmen 
to the competition of convict and imported contract labor. 

It professes gratitude to all who were disabled, or died in the war, leaving 
widows and orphans. It left to a Democratic House of Representatives the first 
effort to equalize both bounties and pensions. 

It proffers a pledge to correct the irregularities of our tariff. It created and has 
continued them. Its own Tariff Commission confessed the need of more than 
twenty per cent, reduction. Its Congress gave a reduction of less than four per 
cent. 

It professes the protection of American manufactures. It has subjected them 
to an increasing flood of manufactured goods, and a hopeless competition with 
manufacturing nations, not one of which taxes raw materials. 

It professes to protect all American industries. It has impoverished many to 
subsidize a few. 

It professes the protection of American labor. It has depleted the returns of 
American agriculture— an industry followed by half our people. 

It professes the equality of all men before the law. Attempting to fix the 
status of colored citizens, the acts of its Congress were overset by the decisions of 
its Courts. 

It ' ' accepts anew the duty of leading in the work of progress and reform. " 
Its caught criminals are permitted to escape through contrived delays or actual con- 
nivance in the prosecution. Honeycombed with corruption, outbreaking expo- 
sures no longer shock its moral sense. Its honest members, its independent jour- 
nals, no longer maintain a successful contest for authority in its counsels or a veto 
upon bad nominations. 

That change is necessary is proved by an existing surplus of more than 
$100,000,000, which has yearly been collected from a suffering people. Unneces- 
sary taxation is unjust taxation. We denounce the Eepublican p^rty for having 
failed to relieve the people from crushing war taxes which have paralyzed business, 
crippled industry, and deprived labor of employment and of just reward. 

The Democracy pledges itself to purify the administration from corruption, to 
restore economy, to revive respect for law, and to reduce taxation to the lowest 
limit consistent with due regard to the preservation of the faith of the Nation to 
its creditors and pensioners. 

Knowing full well, however, that legislation affecting the occupations of the 
people should be cautious and conservative in method, not in advance of public 
opinion, but responsive to its demands, the Democratic party is pledged to revise 
the tariff in a spirit of fairness to all interests. 

But in making reduction in taxes, it is not proposed to injure any domestic in- 
dustries, but rather to promote their healthy growth. From the foundation of this 
Government, taxes collected at the Custom House have been the chief source of 
federal revenue. Such they must continue to be. Moreover, many indus- 
tries have come to rely on legislation for a successful continuance, so that any 
change of law must be at every step regardful of the labor and capital thus in- 
volved. The process of reform must be subject in the execution to this plain dic- 
tate of justice. 

All taxation shall be limited to the requirements of economical government. 



DEMOCRATIC PLATFORM. 5 

'The necessary reduction in taxation can and must be effected without depriving 
American labor of the ability to compete successfully with foreign labor, and with- 
out imposing lower rates of duty than will be ample to cover any increased cost of 
production which may exist in consequence of the higher rate of wages prevailing 
in this country. 

Sufficient revenue to pay all the expenses of the Federal Government, econom- 
ically administered, including pensions, interest, and principal of the public debt, 
can be got, under our present system of taxation, from custom house taxes on fewer 
imported articles, bearing heaviest on articles of luxury, and bearing lightest on 
articles of necessity. 

We therefore denounce the abuses of the existing tariff ; and subject to the pre- 
ceding limitations, we demand that federal taxation shall be exclusively for public 
purposes and shall not exceed the needs of the Government economically adminis- 
tered. 

The system of direct taxation known as the " Internal Revenue," is a war tax, 
and so long as the law continues, the money derived therefrom should be sacredly 
devoted to the relief of the people from the remaining burdens of the war, and be 
made a fund to defray the expense of the care and comfort of worthy soldiers 
disabled in line of duty in the wars of the Republic, and for the payment of such 
pensions as Congress may from time to time grant to such soldiers, a like fund for 
the sailors having been already provided ; and any surplus should be paid into the 
treasury. 

We favor an American continental policy based upon more intimate commercial 
and political relations with the fifteen sister Republics of North, Central and South 
America, but entangling alliances with none. 

We believe in honest money, the gold and silver coinage of the Constitution, and 
a circulating medium convertible into such money without loss. 

Asserting the equality of all men b.ef ore the law, we hold that it is the duty 
of the Government, in its dealings with the people, to mete out equal and exact 
justice to all citizens of whatever nativity, race, color, or persuasion — religious or 
political. 

We believe in a free ballot and a fair count ; and we recall to the memory of 
the people the noble struggle of the Democrats in the Forty -fifth and Forty-sixth 
Congresses, by which a reluctant Republican opposition was compelled to assent 
to legislation making everywhere illegal the presence of troops at the polls, as the 
conclusive proof that a Democratic administration will preserve liberty with order. 

The selection of Federal officers for the Territories should be restricted to 
citizens previously resident therein. 

We oppose sumptuary laws which vex the citizen and interfere with indi- 
vidual liberty ; we favor honest civil service reform ; and the compensation of all 
United States officers by fixed salaries ; the separation of Church and State ; and 
the diffusion of free education by common schools, so that every child in the land 
may be taught the rights and duties of citizenship. 

While we favor all legislation which will tend to the equitable distribution of 
property, to the prevention of monopoly, and to the strict enforcement of indi- 
vidual rights against corporate abuses, we hold that the welfare of society depends 
upon a scrupulous regard for the rights of property as defined by law. 

We believe that labor is best rewarded where it is freest and most enlightened. 
It should therefore be fostered and cherished. We favor the repeal of all laws 
restricting the free action of labor, and the enactment of laws by which labor 
organizations may be incorporated, and of all such legislation as will tend to en- 
lighten the people as to the true relations of capital and labor. 



6 DEMOCRATIC PLATFORM. 

We believe that the public lands ought, as far as possible, to be kept as home- 
steads for actual settlers ; that all unearned lands heretofore improvidently granted 
to railroad corporations by the action of the Republican party should be restored 
to the public domain ; and that no more grants of land shall be made to corpora- 
tions, or be allowed to fall into the ownership of alien absentees. 

We are opposed to all propositions which upon any pretext would convert the 
General Government into a machine for collecting taxes to be distributed among 
the States, or the citizens thereof. 

In reaffirming the declaration of the Democratic platform of 1856, that "the 
liberal principles embodied by Jefferson in the Declaration of Independence, 
and sanctioned in the Constitution which make ours the land of liberty and the 
asylum of the oppressed of every nation, have ever been cardinal principles in the 
Democratic faith," we nevertheless do not sanction the importation of foreign 
labor, or the admission of servile races, unfitted by habits, training, religion or 
kindred for absorption into the great body of our people, or for the citizenship 
which our laws confer. American civilization demands that against the immi- 
gration or importation of Mongolians to these shores, our gates be closed. 

The Democratic party insists that it is the duty of this Government to protect, 
with equal fidelity and vigilance, the rights of its citizens, native and naturalized, 
at home and abroad, and to the end that this protection may be assured, United 
States papers of naturalization, issued by courts of competent jurisdiction, must 
be respected by the Executive and Legislative departments of our own Govern- 
ment, and by all foreign powers. 

It is an imperative duty of this Government to efficiently protect all the rights 
of persons and property of every American citizen in foreign lands, and demand 
and enforce full reparation for any invasion thereof. 

An American citizen is only responsible to his own Government for any act 
done in his own country, or under her flag, and can only be tried therefor on her 
own soil and according to her laws ; and no power exists in this Government to 
expatriate an American citizen to be tried in any foreign land for any such act. 

This country has never had a well-defined and executed foreign policy save 
under Democratic administration; that policy has ever been, in regard to foreign 
nations, so long as they do no act detrimental to the interests of the country or 
hurtful to our citizens, to let them alone; that as the result of this policy we recall 
the acquisition of Louisiana, Florida, California, and of the adjacent Mexican terri- 
tory by purchase alone; and contrast these grand acquisitions of Democratic states- 
manship with the purchase of Alaska, the sole fruit of a Republican administra- 
tion of nearly a quarter of a century. 

The Federal Government should care for and improve the Mississippi river and 
other great waterways of the Republic, so as to secure ior the interior States easy 
and cheap transportation to tidewater. 

Under a long period of Democratic rule and policy, our merchant marine was 
fast overtaking and on the point of outstripping that of Great Britain. 

Under twenty years of Republican rule and policy, our commerce has been 
left to British bottoms, and almost has the American flag been swept from off the 
high seas. 

Instead of the Republican party's British policy, we demand for the people of 
the United States an American policy. 

Under Democratic rule and policy, our merchants and sailors, flying the stars 
and stripes in every port, successfully searched out a market for the varied products 
of American industry. 



DEMOCRATIC PLATFORM. 7 

Under a quarter century of Republican rule and policy, despite our manifest 
advantage over all other nations in high-paid labor, favorable climates and teeming 
soils ; despite freedom of trade among all these United States ; despite their popu- 
lation by the foremost races of men and an annual immigration of the young, 
thrifty and adventurous of all nations ; despite our freedom here from the inherited 
burdens of life and industry in old-world monarchies — their costly war navies, 
their vast tax-consuming, non-producing standing armies ; despite twenty years of 
peace — that Republican rule and policy have managed to surrender to Great Brit- 
ain, along with our commerce, the control of the markets of the world. 

Instead of the Republican party's British policy, we demand in behalf of the 
American Democracy, an American policy. 

Instead of the Republican party's discredited scheme and false pretense of 
friendship for American labor, expressed by imposing taxes, we demand in behalf 
of the Democracy, freedom for American labor by reducing taxes, to the end that 
these United States may compete with unhindered powers for the primacy among 
nations in all the arts of peace and fruits of liberty. 

With profound regret we have been apprised by the venerable statesman through 
whose person was struck that blow at the vital principle of republics (acquiescence 
in the will of the majority), that he cannot permit us again to place in his hands 
the leadership of the Democratic hosts, for the reason that the achievement of re- 
form in the administration of the Federal Government is an undertaking now too 
heavy for his age and failing strength. 

Rejoicing that his life has been prolonged until the general judgment of our 
fellow-countrymen is united in the wish that that wrong were righted in his person, 
for the Democracy of the United States we offer to him in his withdrawal from 
public cares not only our respectful sympathy and esteem, but also that best hom- 
age of freemen, the pledge of our devotion to the principles and the cause now in- 
separable in the history of this Republic from the labors and the name of Samuel 
J. Tilden. 

With this statement of the hopes, principles and purposes of the Democratic 
party, the great issue of Reform and change in Administration is submitted to the 
people in calm confidence that the popular voice will pronounce in favor of new 
men, and new and more favorable conditions for the growth of industry, the ex- 
tension of trade, the employment and due reward of labor and of capital, and the 
general welfare of the whole country. 



GOV. CLEVELAND NOTIFIED. 



Gov. Cleveland Notified. 

The Committee on Notification appointed at Chicago, July 11th, to inform 
Governor Cleveland that he had been nominated for President by the Democratic 
National Convention, waited on the Governor, at the Executive Mansion of the 
State of New York, at Albany, N, Y., July 29th, to give to him the formal 
notification. 

The Chairman, Col. William F. Yilas, in so informing, said : 

Address of Col. Vilas. 

Grover Cleveland, Governor of the State of New York : These 
gentlemen, my associates here present, whose voice I am honored with authority 
to utter, are a committee appointed by the National Democratic Convention which 
recently assembled in Chicago, and charged with the grateful duty of acquainting 
you, officially and in that solemn and ceremonious manner which the dignity and 
importance of the communication demand, with the interesting result of its 
deliberations, already known to you through the ordinary channels of news. 

Sir : That august body, convened by direct delegation from the Democratic 
people of the several States and Territories of the Republic, and deliberating under 
the witness of the greatest assembly of freemen ever gathered to such a confer- 
ence, in forethought of the election which the Constitution imposes upon them to 
make during the current year, have nominated you to the people of these United 
States to be their President for the next ensuing term of that great office, and with 
grave consideration of its exalted responsibilities have confidently invoked their 
suffrages to invest you with its functions. Through this committee the Conven- 
tion's high requirement is delivered that you accept that candidacy. This choice 
carries with it profound personal respect and admiration, but it has been in no man- 
ner the fruit of these sentiments. The National Democracy seek a President, not in 
compliment for what the man is or reward for what he has done, but in a just 
expectation of what he will accomplish as the true servant of a free people fit for 
their lofty trust. 

Always of momentous consequence, they conceive the public exigency to be 
now of transcendent importance, that a laborious reform in adminstration as well 
as legislation is imperatively necessary to the prosperity and honor of the republic, 
and a competent Chief Magistrate must be of unusual temper and power. They 
have observed with attention your execution of the public trusts you have held, 
especially of that with which you are now so honorably invested. They place 
their reliance for the usefulness of the services they expect to exact for the benefit 
of the nation upon the evidence derived from the services you have performed for 
the State of New York. They invite the electors to such proofs of character and 
competence to justify their confidence that in the nation as heretofore in the 
State the public business will be administered with commensurate intelligence and 
ability, with single-hearted honesty and fidelity, and with a resolute and daring 
fearlessness which no faction, no combination, no power of wealth, no mistaken 
clamor can dismay or qualify. 

In the spirit of the wisdom and invoking the benediction of the divine Teacher of 
men, we challenge from the sovereignty of this nation, his words in commenda- 
tion and ratification of our choice. "Well done, thou good and faithful servant, 
thou hast been faithful over a few things, I will make thee ruler over many 
things." In further fulfilment of our duty the secretary will now present the 
written communication signed by the committee. 



GOV. CLEVELAND NOTIFIED. 9 

At the close of the speech of Col. Vilas, Mr. Nicholas M. Bell, of Missouri, 
Secretary of the Committee, read the following formal address prepared by the 
committee : 

Address of the Committee. 

New York City, July 28, 1884. 
To the Hon. Grover Cleveland, of New York. 

Sir — In accordance with a custom befitting the nature of the communication, 
the undersigned, representing the several States and Territories of the Union, were 
appointed a committee by the National Democratic Convention, which assembled 
at Chicago on the 8th day of the current month, to perform the pleasing office, 
which by this means we have the honor to execute, of informing you of your nomi- 
nation as the candidate of the Democratic party in the ensuing election for the 
office of President of the United States. A declaration of the principles upon 
which the Democracy go before the people with a hope of establishing and main- 
taining them in the Government was made by the Convention, and an engrossed 
copy thereof is submitted in connection with this communication for your con- 
sideration. We trust the approval of your judgment will follow an examination 
of this expression of opinion and policy, and upon the political controversy now 
made up we invite your acceptance of the exalted leadership to which you have 
been chosen. 

The election of a President is an event of the utmost importance to the people 
of America, Prosperity, growth, happiness, peace and liberty even, may depend 
upon its wise ordering. Your unanimous nomination is proof that the Democracy 
believe your election will most contribute to secure these great objects. We as- 
sure you that in the anxious responsibilities you must assume as a candidate you 
will have the steadfast cordial support of the friends of the cause you will repre- 
sent. And in the execution of the duties of the high office which we confidently 
expect from the wisdom of the nation to be conferred upon you, you may securely 
rely for approving aid upon the patriotism, honor and intelligence of this free 
people. We have the honor to be, with great respect, 

W. F. VILAS, President. 
Nicholas M. Bell, Secretary. 

D. P. Bestor, Ala, D. E. McCarthy, Nev. 
Fred W. Fordyce, Ark. J. F. Clotttman, N. H. 
Niles Searles, Cal. John P. Stockton, N. J. 
M. M. S. Waller, Col. John C. Jacobs, N. Y. 
T. M. Waller, Conn. G. H. Ottry, Ari. 

Geo. H. Bates, Del. Ransford Smith, Utah. 

Attila Cox, Ky. ' John M. Selcott, Idaho. 

James Jeffries, La. W. D. Chipley, Fla. 

C. H. Osgood, Me. M. P. Reese, Ga. 

Geo. Wells, Md. A. E. Stevenson, 111. 

J. G. Abbott, Mass. E. D. Bannister, Ind. 

Daniel J. Campau, Mich. L. G. Kinne, la, 

Thos. E. Heenan, Minn. C. C. Burnes, Kan. 

Chas. E. Hooker, Miss. Theo. E. Haynes, Ohio. 

David R, Francis, Mo. S. L. McArthur, Ore. 

Patrick Fahy, Neb. James P. Barr, Pa. 

Wilson G. LAmb, N. C. David S. Baker, Jr., R. I. 

Wm. A. Quarles, Tenn. Joseph H. Earl, S. C. 

Geo. L. Spear, Vt. Joseph E. Dwyer, Texas 

Frank Hereford, W. Va. Robert Beverly, Va. 

J. T. Hattser, Mon. W. A. Anderson, Wis. 

M. S. McCormick, Dak. W. B. Childers, N. M 

E. D. Wright, Dist of Col. D. B. Dutro, W. T. 



10 GOV. CLEVELAND NOTIFIED. 

Gov. Cleveland's Reply. 

Mr. Chairman and Gentlemen of the Committee: 

Your formal announcement does not of course convey to me the first information 
of the result of the Convention lately held by ttie Democracy of the nation, and yet 
when, as I listen to your message, I see about me representatives from all parts of 
the land of the great party which, claiming to be the party of the people, asks them 
to intrust to it the administration of their government ; and when I consider under 
the influence of the stern reality which the present surroundings create, that I have 
been chosen to represent the plans, purposes and policy of the Democratic party, I 
am profoundly impressed by the solemnity of the occasion and by the responsibility 
of my position. Though I gratefully appreciate it, I do not at this moment con- 
gratulate myself upon the distinguished honor which has been conferred upon me, 
because my mind is full of anxious desire to perform well the part which has been 
assigned to me. 

Nor do I at this moment forget that the rights and interests of more than fifty 
millions of my fellow-citizens are involved in our efforts to gain Democratic 
supremacy. This reflection presents to my mind the consideration which, more 
than all others, gives to the action of my party in convention assembled its most 
sober and serious aspect. The party and its representatives, which ask to be 
intrusted at the hands of the people with the keeping of all that concerns their 
welfare and their safety, should only ask it with the full appreciation of the 
sacredness of the trust and with a firm resolve to administer it faithfully and well. 

I am a Democrat because I believe that this truth lies at the foundation of true 
Democracy. I have kept the faith because I believe, if rightly and fairly admin- 
istered and applied, Democratic doctrines and measures will insure the happiDess, 
contentment and prosperity of the people. If, in the contest upon which we now 
enter, we steadfastly hold to the underlying principles of our party creed, and at 
all times keep in view the people's good, we shall be strong, because we are true 
to ourselves, and because the plain and independent voters of the land will seek by 
their suffrages to compass their release from party tyranny where there should be 
submission to the popular will, and their protection from party corruption where 
there should be devotion to the people's interests. 

These thoughts lend a consecration to our cause, and we go forth, not merely 
to gain a partisan advantage, but pledged to give to those who trust us the utmost 
benefits of a pure and honest administration of national affairs. jSo higher pur 
pose or motive can stimulate us to supreme effort or urge us to continuous and 
earnest labor an effective party organization. Let us not fail in this, and we may 
confidently hope to reap the full reward of patriotic services well performed. 

I have thus called to mind some simple truths, and trite though they are, it 
seems to me we do well to dwell upon them at this time. I shall soon, I hope, 
signify in the usual formal manner my acceptance of the nomination which has 
been tendered to me. In the mean time, I gladly greet you all as co-workers in a 
noble cause. 



GOV. CLEVELAND'S LETTER OF ACCEPTANCE. 11 



Gov. Cleveland's Letter of Acceptance. 

Albany, N. Y., August 18, 1884. 
Gentlemen. — I have received your communication dated July 28, 1884, inform- 
ing me of my nomination to the office of President of the United States by the 
National Democratic Convention lately assembled at Chicago. I accept the nomi- 
tation with a grateful appreciation of the supreme honor conferred ^ and a solemn 
sense of the responsibility which, in its acceptance, I assume. I have carefully 
considered the platform adopted by the Convention and cordially approve the same. 
So plain a statement of democratic faith and the principles upon which that party 
appeals to the suffrages of the people needs no supplement or explanation. 

Duties of the Executive. 
It should be remembered that the office of President is essentially executive in 
its nature. The laws enacted by the legislative branch of the government the 
Chief Executive is bound faithfully to enforce. And when the wisdom of the 
political party which selects one of its members as a nominee for that office has out- 
lined its policy and declared its principles, it seems to me that nothing in the 
character of the office or the necessities of the case requires more from the candi- 
date accepting such nomination than the suggestion of certain well known truths 
so absolutely vital to the safety and welfare of the nation that they cannot be too 
often recalled or too seriously enforced. 

Party Corruption. 
We proudly call ours a government by the people. It is not such when a 
class is tolerated which arrogates to itself the management of public affairs, seek- 
ing to control the people instead of representing them. Parties are the necessary 
outgrowth of our institutions ; but a government is not by the people when one 
party fastens its control upon the country and perpetuates its power by cajoling 
and betraying the people instead of serving tlem. A government is not by the 
people when a result which should represent the intelligent will of free and think- 
ing men is or can be determined by the shameless corruption of their suffrages. 

No Second Term. 
When an election to office shall be the selection by the voters of one of their 
number to assume for a time a public trust instead of his dedication to the profes- 
sion of politics ; when the holders of the ballot, quickened by a sense of duty, shall 
avenge truth betrayed and pledges broken, and when the suffrage shall be alto- 
gether free and uncorrupted, the full realization of a government by the people 
will be at hand. And of the means to this end, not one would, in my judgment, 
be more effective than an amendment to the constitution disqualifying the Presi- 
dent from re-election. When we consider the patronage of this great office, the 
allurements of power, the temptation to retain public place once gained, and more 



12 gov. Cleveland's letter of acceptance. 

than all, the availability a party finds in an incumbent whom a horde of office- 
holders, with a zeal born of benefits received and fostered by the hope of favors 
yet to come, stand ready to aid with money and trained political service, we recog- 
nize in the eligibility of the President for re-election a most serious danger to that 
calm, deliberate and intelligent political action which must characterize a govern- 
ment by the people. 

Protectior\ for Workir\gmen. 

A true American sentiment recognizes the dignity of labor and the fact that 
honor lies in honest toil. Contented labor is an element of national prosperity. 
Ability to work constitutes the capital and the wage of labor the income of a vast 
number of our population, and this interest should be jealously protected. Our 
workingmen are not asking unreasonable indulgence, but as intelligent and manly 
citizens they seek the same consideration which those demand who have other 
interests at stake. They should receive their full share of the care and attention 
of those who make and execute the laws, to the end that the wants and needs of 
the employers and the employed shall alike be subserved and the prosperity of the 
country, the common heritage of both, be advanced. As related to this subject, 
while we should not discourage the immigration of those who come to acknowl- 
edge allegiance to our government and add to our citizen population, yet as a 
means of protection to our workingmen a different rule should prevail concerning 
those who, if they come or are brought to our land, do not intend to become 
Americans, but will injuriously compete with those justly entitled to our field of 
labor. 

The Rights of Labor, 

In a letter accepting the nomination to the office of governor, nearly two years 
ago, I made the following statement, to which I have steadily adhered : . 

"The laboring classes constitute the main part of our population. They 
should be protected in their efforts peaceably to assert their rights when endan- 
gered by aggregated capital, and all statutes on this subject should recognize the 
care of the State for honest toil, and be framed with a view of improving the condi- 
tion of the workingman." 

A proper regard for the welfare of the workingman being inseparably con- 
nected with the integrity of our institutions, none of our citizens are more inter- 
ested than they in guarding against any corrupting influences which seek to per- 
vert the beneficent purposes of our government ; and none should be more watch- 
ful of the artful machinations of those who allure them to self-inflicted injury. 

No Sumptuary Laws. 
In a free country the curtailment of the absolute rights of the individual 
should only be such as is essential to the peace and good order of the community. 
The limit between the proper subjects of governmental control and those which 
can be more fittingly left to the moral sense and self-imposed restraint of the citi- 
zen should be carefully kept in view. Thus laws unnecessarily interfering with 
the habits and customs of any of our people which are not offensive to the moral 
sentiments of the civilized world, and which are consistent with good citizenship 
and the public welfare, are unwise and vexatious. 

Commerce. 
The Commerce of a nation, to a great extent, determines its supremacy. Cheap 
and easy transportation should therefore be liberally fostered. Within the limits 



GOV. CLEVELAND'S LETTER OF ACCEPTANCE. IS 

of the Constitution the general government should so improve and protect its natu- 
ral waterways as will enable the producers of the country to reach a profitable 
market. 

The Civil Service, 
The people pay the wages of the public employees, and they are entitled to the 
fair and honest work which the money thus paid should command. It is the duty 
of those intrusted with the management of their affairs to see that such public ser- 
vice is forthcoming. The selection and retention of subordinates in government 
employment should depend upon their ascertained fitness and the value of their 
work, and they should be neither expected nor allowed to do questionable party 
service. The interests of the people will be better protected ; the estimate of pub- 
lic labor and duty will be immensely improved ; public employment will be open 
to all who can demonstrate their fitness to enter it ; the unseemly scramble for 
place under the government, with the consequent importunity which embitters 
official life, will cease ; and the public departments will not be filled with those 
who conceive it to be their first duty to aid the party to which they owe their 
places, instead of rendering patient and honest return to the people. 

Honesty ar\d Frugality. 

I believe that the public temper is such that the voters of the land are prepared 
to support the party which gives the best promise of administering the government 
in the honest, simple and plain manner which is consistent with its character and 
purposes. They have learned that mystery and concealment in the management 
of their affairs cover tricks and betrayal. The statesmanship they require consists 
in honesty and f ragality, a prompt response to the needs of the people as they arise, 
and the vigilant protection of all their varied interests. If I should be called to 
the Chief Magistracy of the nation by the suffrages of my fellow-citizens, I will 
assume the duties of that high office with a solemn determination to dedicate every 
effort to the country's good, and with an humble reliance upon the favor and sup- 
port of the Supreme Being, who, I believe, will always bless honest human 
endeavor in the conscientious discharge of public duty. 

GROVER CLEVELAND. 

To Colonel William F. Yilas, chairman, and D. P. Bestob, and others, members 
of the Notification Committee of the Democratic National Convention. 



14 GOV. HENDRICKS NOTIFIED. 



Governor Hendricks Notified. 

The Committee appointed by the Democratic National Convention to notify 
the candidates visited Saratoga July 30th, where Governor Hendricks was spend- 
ing a brief time, and formally notified him of his nomination. 

Col. "William F. Yilas, of Wisconsin, said : 

Gov.' Thomas A. Hexdricks, of Indiana : The great national council of 
constitutional Democracy of the Union, held at Chicago within this month of 
July, constituted this committee now before you by sefection from each of the 
several States and Territories of our country, and commissioned it as the official 
voice of the party to declare to you in fitting terms and with appropriate cere- 
mony — not only in testimony of its respect for your abilities and character, but in 
pledge of its consideration for the interests of the nation — that you have been 
nominated by that party to the people to be their Vice-President of the United 
States for the ensuing term of that exalted trust. 

That honorable duty we have journeyed hither from every part of this wide 
land with pride and pleasure in this manner to discharge. The interesting circum- 
stances of that nomination cannot be unknown to you, and could not but be grati- 
fying to the sensibilities of any right-minded man. It was well understood in that 
convention that such a distinction was even there unsought and undesired by you. 
Yet, sir, after many others were presented your name was suggested followed by 
repeated seconding. Every other name was withdrawn, and amid universal 
acclaim the roll-call responded to your unanimous choice. Then, in exquisite enthu- 
siasm the Convention, with the vast surrounding assemblage, joined with cheer 
and hymn in a prolonged outbreak of gratified satisfaction. Sir, though Indiana's 
favored citizens may enjoy with just pride a peculiar honor in the distinguished 
services you have rendered your party, your State and the nation, and may feel a 
peculiar attachment for the endearing qualities of your heart and mind, be assured 
that the Democracy of the nation participates in that sense of honor and affection- 
ate regard in hardly a less degree. They witnessed your long and honorable career, 
sometimes in the faithful performance of high public trusts, sometimes nobly con- 
tending as a soldier in the ranks for the principles of constitutional liberty ; but 
always with firm devotion and unswerving fidelity to the interests and rights of the 
people : and now they confidently expect of your patriotism to yield all professional 
wishes and undertake the labors" of their candidate, as on their part the people can 
securely repose upon the ripe experience of your years and wisdom to most satis- 
factorily meet all the responsibilities of the high office to which you will be called. 
The Convention felt, as the nation will approve, that it was serving the spirit of the 
Constitution when it designated for a Vice-President a citizen worthy and compe- 
tent to execute the highest functions of the Chief Magistracy. It is an especial 
desire of the Democracy, sir, to see you invested with 'this particular dignity, be- 
cause they know, as now all the world knows, that once you were rightfully given 
title to it by the people and wrongfully denied its possession by the success of 
machinations, of fraud and conspiracy, and the vindication of exact justice will be 
most complete when you shall be re-elected, now that vou maybe triumphantly 
inaugurated to your rightful chair of office. This sentiment has given discretion 
to the personal consideration and admiration of the Democracy so abundantly 
manifested in the recent Convention, and will stir a responsive throb in the hearts 
of all good men. In finishing the grateful office which the partial favor of these 
gentlemen, my distinguished associates, has assigned me permit us one and all to 
express the highest esteem and regard. In a more enduring execution of its duty 
the committee have prepared and personally signed a written communication which 
the Secretarv will now read. 



GOV. HENDRICKS NOTIFIED. 



15 



The Address of the Committee. 

At this point Mr. Bell, the Secretary, read the following address : 
Hon. Thomas A. Hendkicks, of Indiana : 

Sir : The honor and pleasure of officially notifying you of your nomination 
as the candidate of the National Democracy in the election about to occur for the 
office of Vice-President of the United States, whereby the Convention recently 
held at Chicago conferred upon the undersigned as a committee of that body, 
designed to represent in our persons the several States and Territories. In 
grateful performance of the duty, we are entitled to express the admiration of the 
Convention and of the party for your long and well-known personal qualities and 
character and for your distinguished public service and maintenance of the 
principles and objects which are believed best calculated to promote the security, 
happiness and welfare of the people, and especial satisfaction in the minds of all 
good men must follow your election from the reflection that in your person the 
testimony will be peculiarly given that the American people are never conscious or 
willing instruments of that great public crime by which, thorough fraudulent 
returns and a flagrant disregard of truth and justice, others were seated in those 
high offices to which Samuel J. Tilden and yourself were rightfully chosen in 
1876, as well as of the patriotism of your great submission, in confident reliance 
upon the justice of the people for vindication. An engrossed copy of the 
declaration of principles and policy made by the Convention is submitted with this 
communication for your examination, and we may surely expect your loyal 
devotion in the cause of our party to accept the candidacy imposed by your 
nomination. 

W. F. VILAS, President. 



NICHOLAS M. BELL, Secretary. 

D. B. Bestor, Ala. 
Fred. W. Fordyce, Ark. 
Niles Searles, Cal. 

M. M. S. Waller, Col. ' 
T. M. Waller, Conn. 
Geo. H. Bates, Del. 
Attila Cox, Ky. 
James Jeffries, La. 
C. H. Osgood, Me. 
Geo. Wells, Md. 
J. G. Abbott, Mass. 
Daniel J. Campau, Mich. 
Thos. E. Heenan, Minn. 
Chas. E. Hooker, Miss. 
David R. Francis, Mo. 
Patrick Fahy, Neb. 
Wilson G. Lamb, N. C. 
Wm. A. Quarles, Tenn. 
Geo. L. Spear, Vt. 
Frank Hereford, W. Va. 
J. T . Hauser, Mon. 
M. S. McCormick, Dak. 

E. D. Wright, Dist. of Col. 



D. E. McCarthy, Nev. 
J. F. Cloutman, N. H. 
John P. Stockton, N. J. 
John C. Jacobs, N. Y. 
G. H. Oury, Ariz. 
Ransford Smith, Utah. 
John M. Selcott, Idaho. 
W. D. Chtpley, Fla. 

M. P. Reese, Ga. 

A. E. Stevenson, 111. 

E. D. Bannister, Ind. 
L. G. Kinne, la. 

C. C. Burnes, Kan. 
Theo. E. Haynes, Ohio. 
S. L. McArthttr, Ore. 
James P. Barr, Pa. 
David S. Baker, Jr., R. I. 
Joseph H. Earle, S. C. 
Joseph E. Dwyer, Texas. 
Robert Beverly, Va. 

W. A. Anderson, Wis. 
W. B. Childers, N. M. 

D. B. Dutro. W. T. 



Reply of Mr. Hendricks. 

Mr. Chairman and Gentlemen of the Committee : I cannot realize that 
a man should ever stand in the presence of a committee representing a more august 
body of men than that which you represent. In the language of another, ' ' The 
Convention was large in numbers, august in culture and patriotic in sentiments ;" 
and may I not add to that that, because of the power and the greatness and the 
virtues of the party which it represented, it was itself in every respect a very 
great Convention. (Applause.) The delegates came from all the States and Terri- 
tories, and I believe, too, from the District of Columbia. (Applause.) They came 



16 GOV. HENDRICKS NOTIFIED. 

clothed with authority to express judgment and opinion upon all those questions 
which are not settled by constitutional law. For the purpose of passing upon those 
questions and selecting a ticket for the people that Convention assembled. They 
decided upon the principles that they would adopt as a platform. They selected 
the candidates that they would propose to the party for their support, and that 
Convention's work was theirs. I have not reached the period when it is proper 
for me to consider the strength and force of the statements made in the platform. 
It is enough for me to know that it comes at your hands from that Convention 
addressed to my patriotic devotion to the Democratic party. (Applause.) I ap- 
preciate the honor that is done me. I need not question that, but at the same 
time that I accept the honor from you and from the Convention, I feel that the 
duties and the responsibility of the office rest upon me also. 

I know that sometimes it is understood that this particular office, that of Vice- 
President does not involve much responsibility, and as a general thing that is so. 
But sometimes it comes to represent very great responsibilities and it may be so in 
the near future, for at this time the Senate of the United States stands almost 
equally divided between the two great parties and it may be that those two great 
parties shall so exactly differ that the Vice-President of the United States shall have 
to decide upon questions of law by the exercise of the casting vote. (Applause.) 
The responsibility would then become very great. It would not then be the 
responsibility of representing a State or district. It would be the responsibility of 
representing the whole country and the obligation would be to the judgment of 
the whole country, and that vote when thus cast should be in obedience to the just 
expectations and requirements of the people of the United States. It might be, 
gentlemen, that upon another occasion great responsibility would attach to this 
office. It might occur that under circumstances of some difficulty — I dont think it 
will be next election — but it may occur under circumstances of some difficulty, the 
President of the Senate will have to take his part in the counting of the electoral 
vote, and allow me to say that duty is not to be discharged in obedience to any set 
of men or to any party, but in obedience to a higher authority. (Applause.) 
Gentlemen, you have referred to the fact that I am honored by this nomination in 
in a very special degree. I accept the suggestion that in this candidacy I will 
represent the right of the people to choose their own rulers. That right that is above 
all, that lies beneath all; for if the people are denied the right to choose their own 
officers according to their own judgment, what shall become of the rights of the 
people at all ? What shall become of free government if the people select not their 
officers ? How shall they control the laws, their administration and their execution ? 
So that, in suggesting that in this candidacy I represent that right of the people as 
you have suggested, a great honor has devolved upon me by the confidence of the 
Convention, As soon as it may be convenient and possible to do so I will address 
you more formally in respect to the letter you have given me. I thank you gentle 
men. (Applause.) 



EX-GOV. HENDRICKS' LETTER OF ACCEPTANCE. 17 



Ex-Grov. Hendricks' Letter of Acceptance. 

Indianapolis, August 20, 1884. 

Gentlemen — I have the honor to acknowledge the receipt of your communica- 
tion notifying me of my nomination by the Democraiic Convention at Chicago as 
candidate for the office of Vice-President of the United States. May I repeat what I 
said on another occasion — that it is a nomination which I had neither expected nor 
desired, and yet I recognize and appreciate the high honor done me by the Conven- 
tion. The choice of such a body, pronounced with such unusual unanimity and 
accompanied with so generous an expression of esteem and confidence, ought to out- 
weigh all merely personal desires and preferences of my own. It is with this feeling, 
and, I trust also from a deep sense of public duty, that I now accept the nomination, 
and shall abide the judgment of my countrymen. I have examined with care the 
declaration of principles adopted by the Convention, a copy of which you submit 
to me, and in their sum and substance I heartily indorse and approve the same. 
I am, gentlemen, your obedient servant, 

T. A. HENDRICKS. 

To the Hon. William F. Vilas, chairman ; Nicholas M. Bell, secretary, and 
others of the Committee of the National Democratic Convention. 



18 LIFE OF GROVER CLEVELAND. 



Life of Grover Cleveland. 

Grover Cleveland, Governor of the State of New York, was born in Cald- 
well, Essex county, New Jersey, on March 18, 1837. The house in which he was 
born, a small two-story wooden building, is still standing. It was the parsonage 
of the Presbyterian church, of which his father, Richard Cleveland, at the time 
was pastor. 

The family is of New England origin, and for two centuries have contributed 
to the professions and to business, men who have reflected honor on the name. 
Aaron Cleveland, Governor Cleveland's great-great-grandfather, was born in 
Massachusetts ; but subsequently moved to Philadelphia, where he became an 
intimate friend of Benjamin Franklin, at whose house he died. 

He left a large family of children who in time married and settled in different 
parts of New England. A grandson was one of the small American force that 
fought the British at Bunker Hill. He served with gallantry throughout the Revo- 
lution and was honorably discharged at its close as a lieutenant in the Continental 
army. Another grandson, William Cleveland (a son of a second Aaron Cleveland, 
who was distinguished as a writer and member of the Connecticut legislature) was 
Grover Cleveland's grandfather. William Cleveland became a silversmith in Nor- 
wich, Connecticut. He acquired by industry some property and sent his son Richard 
Cleveland, the father of Grover Cleveland, to Yaie College, where he graduated in 
1824. During a year spent in teaching at Baltimore, Maryland, after graduation, 
he met and fell in love with a Miss Annie Neale, daughter of a wealthy Baltimore 
book publisher, of Irish birth. He was earning his own way in the world at the 
time and was unable to marry ; but in three years he completed a course of prep- 
aration for the ministry, secured a church in Windham, Connecticut, and married 
Annie Neale. Subsequently he moved to Portsmouth, Virginia, where he preached 
for nearly two years when he was summoned to Caldwell, New Jersey, where was 
I)orn Grover Cleveland. When he was three years old (1841) the family 
moved to Fayetteville, Onondaga county, New York. Here Grover 
Cleveland lived until he was fourteen years old, the rugged, health- 
ful life of a country boy. His frank, generous manner made him a favorite 
among his companions, and their respect was won by the good qualities in the 
germ which his manhood developed. He attended the district school of the village 
and was for a short time at the academy. His father, however, believed that boys 
should be taught to labor at an early age, and before he had completed the course 
of study at the academy he began to work in the village store at fifty dollars for 
the first year, and the promise of $100 for the second year. His work was well 
done and the promised increase of pay was granted in the second year. 

Meanwhile his father and family had moved to Clinton, the seat of Hamilton 
College, where his father acted as agent to the Presbyterian Board of Home 
3Iissions, preaching in the churches of the vicinity. Hither Grover came at his 



LIFE OF GROVER CLEVELAND. 19 

father's request shortly after the beginning of his second year at the Fayettevile 
store, and resumed his studies at the Clinton Academy. After three years spent 
in this town, the Rev. Richard Cleveland was called to the village church of 
Holland Patent. He had preached here only a month when he was suddenly 
stricken down and died without an hour's warning. The death of the father left 
the family in straightened circumstances, as Richard Cleveland had spent all of 
his salary of $1,000 per year, which was not required for the necessary expenses 
of living, upon the education of his children, of whom there were nine, G-rover 
being the fifth. Grover was hoping to enter Hamilton College, but the death of 
his father made it necessary for him to earn his own livelihood. For the 
first year (1853-4) he acted as - assistant teacher and bookkeeper in 
the Institution for the Blind in New York City, of which the late 
Augustus Schell was for many years the patron. In the winter of 1854 he 
returned to Holland Patent, where the generous people of that place, Fayetteville 
and Clinton, had purchased a home for his mother, and in the following spring, 
borrowing twenty-five dollars, he set out for the West to earn his living. Reach- 
ing Buffalo he paid a hasty visit to an uncle, Mr. Lewis F. Allen, a well-known 
stock farmer, living at Black Rock, a few miles distant. He communicated his 
plans to Mr. Allen, who discouraged the idea of the West, and finally induced the 
enthusiastic boy of seventeen to remain with him and help him prepare a cata- 
logue of blooded short-horned cattle, known as " Allen's American Herd Book," 
a publication familiar to all breeders of cattle. For this work young Cleveland 
was to receive fifty dollars, and his uncle further agreed to secure a position for 
him in a lawyer's office as a clerk or copyist. His ambition had turned toward 
the law ever since his days in the Clinton Academy, and it was partially in the 
hope of finding some opportunity to begin the study of the law that he had first 
decided to go West. While Grover was working on the pedigrees of cattle his 
uncle visited the law offices of his Buffalo friends and, after several unsuccessful 
efforts, secured a place for Grover with Rogers, Bowen & Rogers, one of the leading 
firms in the county. He entered that office accordingly in August, 1855, and after 
serving a few months without pay, was paid four dollars a w r eek — an amount 
barely sufficient to meet the necessary expenses of his board in the family of a 
fellow-student in Buffalo, with whom he took lodgings. Shortly after- 
ward he took a small room in the attic of the Southern Hotel, then 
a favorite stopping place with drovers and farmers. Life at this time 
with Grover Cleveland was a stern battle with the world. He took his breakfast 
by candle-light with the drovers, and went at once to the office where the whole 
day was spent in work and study. Usually he returned again at night to resume 
reading which had been interrupted by the duties of the day. In this manner the 
foundations of legal knowledge were laid deep and firm at the same time that 
habits of industry and close application were acquired. Gradually his employers 
came to recognize the ability, trustworthiness and capacity for hard work in their 
young employee, and by the time that he was admitted to the bar (1859) he stood 
high in their confidence. A year later he was made confidential and managing 
clerk, and in the course of three years more his salary had been raised to $1,000. 
In 1863 he was appointed assistant district attorney of Erie county by the Dis- 
trict Attorney, the Hon. C. C. Torrance, in recognition of his abilities and his ser- 
vices to the Democratic party. 

Since his first vote had been cast in 1858 he had been a staunch Democrat, and 
had enrolled himself among the young men of his ward to do duty at the polls on 
election day. It may be stated here that until he was chosen Governor he always 



20 LIFE OF GROVER CLEVELAND. 

made it his duty, rain or shine, to stand at the polls and give out ballots to Demo- 
cratic voters. During the first year of his term as assistant district attorney, the 
Democrats desired especially to carry the board of supervisors. The old Second 
ward in which he lived was Republican ordinarily by 250 majority, but at the 
urgent request of the party Grover Cleveland consented to be the Democratic can- 
didate for supervisor, and came within thirteen votes of an election. The three 
years spent in the district attorney's office were devoted to assiduous labor and 
the extension of his professional attainments. So vigorously was crime prosecuted 
and so efficiently did he administer the office that he was nominated for district 
attorney in 1865, with one voice by the Democrats. The Republicans nominated 
Mr. Lyman K. Bass, a particular friend of Cleveland's, in order to divide the 
young men's vote, then beginning to be a prominent factor in Buffalo 
politics. The election was closely contested, but Bass won by about 
500 majority, although Cleveland polled more than the party vote in 
all the city wards. When he retired from the position of assistant 
district attorney, in January, 1866, he formed a law partnership with 
the late Isaac Y. Yanderpoel, ex-State Treasurer, under the firm name of Vander- 
poel & Cleveland. Here the bulk of the work devolved on Cleveland's shoulders, 
and he soon won a good standing at the bar of Erie county. In 1869 Mr. Cleve- 
land formed a partnership with ex-Senator A. P. Laning and ex-Assistant United 
States District Attorney Oscar Folsom, under the firm name of Laning, Cleveland 
& Folsom. During these years he began to earn a moderate professional income ; 
but the larger portion of it was sent to his mother and sisters at Holland Patent, to 
whose support he had contributed ever since 1860. 

In 1870, at the urgent solicitation of the Democracy and against his own wishes, 
he consented to be the candidate for sheriff. The election was closely contested, 
but Mr. Cleveland and the entire Democratic ticket was elected by a good 
majority. The office of sheriff is the most important position in the county, and 
its duties were performed by Mr. Cleveland in such a manner as to command 
the approbation and confidence of the community, as was strikingly demonstrated 
a few years later. At the expiration of his official term as sheriff (January 1, 1874), 
Mr. Cleveland resumed the practice of the law, associating himself with the Hon. 
Lyman K. Bass, his former competitor, and Mr. Wilson S. Bissell. The firm was 
strong and popular, and soon commanded a large and lucrative practice. Ill health 
forced the retirement of Mr. Bass in 1879, and the firm became Cleveland & Bissell. 
In 1881, Mr. George J. Sicard was added to the firm. 

In the autumn election of 1881 the Democrats of Buffalo nominated Grover 
Cleveland for mayor on a platform pledging the party to administrative reform 
and economy in the expenditures of the city. He was elected by a majority of 
over 3,500 — the largest majority ever given a candidate for mayor — and the Demo- 
cratic city ticket was successful, although the Republicans carried Buffalo by 
over 1,000 majority for their State ticket, Grover Cleveland's administration as 
mayor fully justified the confidence reposed in him by the people of Buffalo, 
evidenced by the great vote he received. Some of the salient features of his record 
while in that office are touched upon in other columns. 

It was his courageous devotion to the interests of the people and his great ex- 
ecutive abilities, which, in the summer and fall of 1882, gave him prominence 
before the Democracy of the State as a candidate for Governor. The Democratic 
State Convention met at Syracuse, on September 22, 1882, and nominated Groven 
Cleveland for Governor on the third ballot. The campaign that followed was 
auspicious from the beginning and terminated with a triumphant victory. Cleve- 



LIFE OF GROVER CLEVELAND. 21 

land was elected Governor by a majority of 192,000, by far the largest ever given 
in this State, and the largest ever given in any State in the Union. He was in- 
augurated on January 1, 1883. 

Grover Cleveland is in his forty-eighth year. Physically he is of a large and 
powerful frame ; deliberate and firm, but not slow T in his motions. His manner 
and tone of voice are genial and agreeable. He is broad minded and liberal in his 
habits of thought, and in religious matters especially a man of conscience rather 
than a man of any one sect or creed. All his surroundings and habits are those of 
Democratic simplicity. He walks from the Executive Mansion to the Capitol 
every morning at nine o'clock, returns to lunch at one, and resumes work at two. 
The evening he usually devotes to work in the Executive Chamber, walking home 
never earlier than eleven o'clock. His life is wholly without ostentation. Indeed, 
the key to his character may be found in the moderation of his wants and the 
frugality of his living. From such sources spring firmness, courage, clear powers 
of perception, and collected and deliberate judgment and action. In the strongest 
and truest sense of the words he is a Jeffersonian Democrat, honest, capable, 
faithful to the Constitution. 



22 PUBLIC RECORD OF GROVER CLEVELAND. 



Public Record of Grover Cleveland. 



Corporations. 

The public duties and rights of private corporations have become the subject 
of repeated consideration by Governor Clevelend ; and his views have been stated 
in terms so explicit and just as to merit and receive the approval of fair-minded 1 
men who have informed themselves as to the particular grounds of his action. 

In accepting the nomination for Governor, in October, 1882, he thus denned 
his position, from which he has never wavered : 

' ' Corporations are created by the law for certain defined purposes, and are 
restricted in their operations by specific limitations. Acting within their legitimate 
sphere they should be protected ; but when by combination or by the exercise of 
unwarranted power they oppress the people, the same authority which created 
should restrain them and protect the rights of the citizen. The law lately passed 
for the purpose of adjusting the relations between the people and corporations 
should be executed in good faith, with an honest design to effectuate its objects 
and with a due regard for the interests involved." 

Almost the first act performed by him as Governor was in fulfillment of the 
law here referred to, the Kailroad Commission act, which authorized the appoint- 
ment of three railroad commissioners, one from each of the two great political 
parties, and one upon the nomination of the Anti-Monopoly bodies. Despite great 
pressure to the contrary, and without waiting for a proposed amendment of the 
law, Governor Cleveland promptly nominated three commissioners, in literal com- 
pliance with the old law, accepting without hesitation the anti-monopoly candidate, 
Mr. O'Donnell, who now holds his office under the appointment of Governor Cleve- 
land. The fact that the work of the Railroad Commission has been so well done 
as not only to justify its creation to those even who were originally doubtful of its 
value, but also to be satisfactory to the anti-monopoly sentiment which led to its 
formation, is due to the conscientious care with which Govenor Cleveland, ignor- 
ing every consideration but the purpose of the law, selected the members who 
were to serve upon it. 

Checking the Aggression, of Corporations. 

Upon April 2, 1883, the Governor, jealously regarding the interests of the pub- 
lic, as opposed to those of corporations, vetoed a bill tending to increase the power 
of telegraph companies to use the public streets, from which veto message the fol- 
lowing extracts are made : 

' ' A fatal objection to this bill is found in the provision allowing the corpora- 
tions therein named to enter upon private property, and erect and maintain their 



PUBLIC RECORD OF GROVER CLEVELAND. 23 

structures thereon, without the consent of the owner. It seems to me that this is 
taking private property, or an easement therein, with very little pretext that it is 
for a public use. 

" If a private corporation can, under authority of law, construct its appliances 
and structures upon the lands of the citizen without his consent, not only for 
the purpose of furnishing light, but in an experimental attempt to transmit 
heat and power, the rights of the people may well be regarded as in danger from 
an undue license to corporate aggrandizement. " 

Upon June 14, 1884, despite great opposition from the parties interested, he 
signed a bill requiring such companies to put their lines under ground on or before 
November 1, 1885. So, upon May 29, 1883, he vetoed a general street railroad 
bill, upon the ground that its design was ' ' more to further private and corporate 
schemes than to furnish the citizens of the State street railroad facilities, under the 
spirit and letter of the Constitution, and within the limits therein fixed for the 
benefit of the people." 

Upon April 6, 1883, in further exhibition of his disposition to keep corporations 
within the limit of the laws creating them, he vetoed a bill to extend the time for 
the payment of the capital stock of a corporation, saying : 

" Our laws in relation to the formation of corporations are extremely liberal, 
and those who avail themselves of their provisions should be held to strict com- 
pliance with their requirements. * * * This company and its stockholders 
have assumed for their own benefit certain relations to the State, to the public and 
to their creditors, and these relations should not be disturbed. If corporations are 
to be relieved from their defaults for the asking, their liability to the people with 
whom they deal will soon become dangerously uncertain and indefinite." 

Publicity of Corporation Operations Required. 

In his message to the Legislature at the beginning of his second year, the 
Governor, in vigorous language, called attention to the duty of railroad corpora- 
tions, and of all others as well, to truly inform the public as to their operations. 
In the present season of distrust and distress, consequent upon a supposed failure 
to discharge this duty, these words of the Governor are admirably appropriate. 
After commending the requirement by the Railroad Commissioners of quarterly 
reports from the railroad companies, he says : 

" It would, in my opinion, be a most valuable protection to the people if other 
large corporations were obliged to report to some department their transactions and 
financial condition. 

' '■ The State creates these corporations upon the theory that some proper thing 
of benefit can be better done by them than by private enterprise, and that the 
aggregation of the funds of many individuals may be thus profitably employed. 
They are launched upon the public with the seal of the State, in some sense, upon 
them. They are permitted to represent the advantages they possess and the wealth 
sure to follow from admission to membership. In one hand is held a charter from 
the State, and in the other is proffered their stock. 

" It is a fact, singular though well established, that people will pay their money 
for stock in a corporation engaged in enterprises in which, they would refuse to 
invest if in private hands. 

" It is a grave question whether the' formation of these artificial bodies ought 
not to be checked or better regulated, and in some way supervised. 

"At any rate they should always be well kept in hand, and the funds of its 
citizens should be protected by the State which has invited their investment. 
While the stockholders are the owners of the corporate property, notoriously they 
are oftentimes completely in the power of the directors and managers, who acquire 
a majority of the stock and by this means perpetuate their control, using the cor- 
porate property and franchises for their benefit and profit, regardless of the inter- 
ests and rights of the minority of stockholders. Immense salaries are paid to 
officers ; transactions are consummated by which the directors make money, 
while the rank and file among the stockholders lose it; the honest investor waits 



24 PUBLIC RECORD OF GROVER CLEVELAND. 

for dividends and the directors grow rich. It is suspected, too, that large sums 
are spent under various disguises in efforts to influence legislation. 

" It is not consistent to claim that the citizen must protect himself, by refusing 
to purchase stock. The law constantly recognizes the fact that people should be 
defended from false representations and from their own folly and cupidity. It 
punishes obtaining goods by false pretenses, gambling and lotteries. 

" It is a hollow mockery to direct the owner of a small amount of stock in one 
of these institutions to the courts. Under existing statutes, the law's delay, per- 
plexity and uncertainty leads but to despair. 

" The State should either refuse to allow these corporations to exist under its 
authority and patronage, or acknowledging their paternity and its responsibilty, 
should provide a simple, easy way for its people, whose money is invested, and 
the public generally, to discover how the funds of these institutions are spent, and 
how their affairs are conducted. It should at the same time provide a way by 
which the squandering or misuse of corporate funds would be made good to the 
parties injured thereby. 

' ' This might well be accomplished by requiring corporations to frequently file 
reports made out with the utmost detail, and which would not allow lobby expenses 
to be hidden under the pretext of legal services and counsel fees, accompanied by 
vouchers and sworn to by the officers making them, showing particularly the debts, 
liabilities, expenditures and property of the corporation. Let this report be deliv- 
ered to some appropriate department or officer, who shall audit and examine the 
same ; provide that a false oath to such account shall be perjury, and make the 
directors liable to refund to the injured stockholders any expenditure which shall 
be determined improper by the auditing authority. 

"Such requirements might not be favorable to stock speculation, but they 
would protect the innocent investors ; they might make the management of corpo- 
rations more troublesome, but this ought not to be considered when the protection 
of the people is the matter in hand. It would prevent corporate efforts to influ- 
ence legislation ; the honestly conducted and strong corporations would have noth- 
ing to fear ; the badly managed and weak ought to be exposed." 

Thus, it will appear from the Governor's own words, with which his actions 
have been in full accord, that he has insisted that corporations shall observe the 
limitations of the laws creating them ; that their privileges shall be exercised in sub- 
ordination to the rights of the public ; that their affairs shall be open to public 
scrutiny ; and that to their members and the public alike they shall be honest 
and fair. 

The Five Gent Fare Bill— The Public Faith Must be Kept. 

In this same spirit of exact and equal justice, which has demanded of corpora- 
tions compliance with the provisions of law binding upon them, the Governor has 
observed the express rights given to them by law. His principle has been ' ' The 
public faith must be scrupulously kept." Upon this principle he undertook to act 
in the manner of the veto of what has come to be known as the " Five Cent 
Fare Bill." 

The elevated railroads of New York City, under their charters, charged an uni- 
form rate of fare of five cents during certain of the morning and evening hours in 
which the great body of workingmen went to and from their homes, and ten cents 
for the rest of the day. In 1883, the Legislature passed a bill to make the rate of 
fare five cents throughout the day. This bill the Governor vetoed, upon the 
ground that it involved a breach of faith on the part of the State. The general 
railroad law, passed in 1850, and for nearly a quarter of a century declaring the 
policy of the State, had promised that the Legislature would not reduce 
the rates of any railroad until its reduced rates should produce a profit of ten 
per centum on the capital actually expended. The Governor declared that until 
the profits of these roads should have been ascertained to exceed this limit, the 
policy of the State forbade their reduction. A subsequent examination by the 



PUBLIC RECORD OF GROVER CLEVELAND. 25 

Eailroad Commission, consisting of one Democrat, one Republican and one Anti- 
Monopolist, showed that the earnings of the roads were not such as to justify the 
proposed reduction of fare, thus justifying the action of the Governor. 

Another reason for his veto was found in the express provisions of one of the 
special acts applicable to one of these roads. It was therein provided that the 
company should, under bonds, pledge itself to pay a certain percentage into the 
city treasury, which should ' ' constitute an agreement in the nature of a contract 
between the city and constructing company, entitling the company to the legalized 
rates of fare, which shall not be changed without the mutual consent of the 'parties." 

The railroad company having made these payments to the city, the Governor 
considered that under those terms of this act there had been constituted " an agree- 
ment in the nature of a contract''' between the city and the company, which the 
State could not in good faith abrogate. 

It also appeared that still another contract in writing, to the same effect, had 
been made between the rapid transit commissioners and the railroad companies, 
before the roads were built and to induce their construction, thus constituting a 
third promise on the part of the public which this bill proposed to break. The 
Governor did not believe that the people of New York nor its Legislature, when 
brought to a knowledge of these facts, would desire this great State to be even 
suspected of trifling with its obligations, and so in a message so explicit as to neces- 
sarily reach great length, he transmitted to the Assembly the reasons why he was 
unable to approve the bill. The effect justified his estimate of the honor of the 
State and of its legislators. (A majority voted* to sustain his veto, while two- 
thirds would have been necessary to overrule it.) From every side came expres- 
sions of commendation for the scrupulous attention that had been given to the 
maintenance of the public faith, and (though there was dissent from the Governor's 
conclusion that a contract existed) none doubted but that this being his honest 
conclusion, he was by his oath bound to disapprove the bill, which he did in the 
following 

Veto Message. 

State of New York, \ 

Executive Chamber, Albany, March 2, 1883. \ 
To the Assembly : 

Assembly bill No. 58, entitled "An act to regulate the fare to be charged and 
regulated by persons or corporations operating elevated railroads in the City 
of New York " is herewith returned without approval. 

This bill prohibits the collection or receipt of more than five cents fare on any 
elevated railroad in the City of New York, for any distance between the Battery 
and Harlem river, and provides,that if any person or corporation operating such 
elevated railroads shall charge, demand, collect or receive any higher rate of fare, 
such person or corporation shall, in addition to all other penalties imposed by law, 
forfeit and pay to any person aggrieved fifty dollars for each offense, to be recov- 
ered by such person in any court of competent jurisdiction. 

The importance of this measure and the interest which it has excited, has 
impressed me with my responsibility, and led me to examine, with as much care 
as has been possible, the considerations involved. 

I am convinced that in all cases the share which falls upon the Executive 
regarding the legislation of the State should be in no manner evaded, but fairly 
met by the expression of his carefully guarded and unbiased judgment. In his 
conclusion he may err, but if he has fairly and honestly acted, he has performed 
his duty and given to the people of the State his best endeavor. 

The elevated railroads in the City of New York are now operated by the Man- 
hattan "Railway Company, as the lessee of the New York Elevated Railway Com- 
pany and the Metropolitan Elevated Railway Company. 



26 PUBLIC RECORD OF GROVER CLEVELAND. 

Of course whatever rights the lessor company have in relation to the running 
and operation of their respective roads passed to the Manhattan Company under its 



The New York Elevated Railway Company is the successor of the West Side 
and Yonkers Patent Railway Company. 

The latter company was formed under and in pursuance of an act passed on the 
20th day of June, 1866. 

The third section of that act provides that companies formed under its provis- 
ions ' ' may fix and collect rates of fare on their respective roads, not exceeding five 
cents for each mile, or any fraction of a mile, for each passenger, and with rights 
to a maximum fare of ten cents." 

On the 22d day of April, 1867, an act was passed in relation to this corporation, 
which provides for the manner of constructing its road, the eighth section of which 
act reads as follows : 

"The said company shall be authorized to demand and receive from each pas- 
senger within the limits of the City of New York rates of fare, not exceeding for 
any distance less than two miles five cents, and for every mile or fractional part of 
a mile in addition thereto one cent ; provided that when said railway is completed 
and in operation between Battery place and the vicinity of the Harlem river, the 
said company may, at its option, adopt a uniform rate, not exceeding ten cents for 
all distances upon Manhattan Island, and may also collect said last-named rate for 
a period of five years from and after the passage of this act." 

It was further provided by section 9 of this act that the said company should 
pay a sum not exceeding five per cent, of the net income of said railway from 
passenger traffic upon Manhattan Island into the treasury of the City of ' New 
York, in such manner as the Legislature might thereafter direct, as a compensa- 
tion for the use of the streets of the city. 

In 1868 a law was passed supplementary to the act last referred to, by which 
the said company was authorized to adopt such form of motor as certain commis- 
sioners should, after due experiment, recommend or approve. 

Specific provision was made in the act to carry out section 9 of the law of 1867, 
in relation to the payment of the five per cent, of the net income of the company 
into the treasury of the city. 

Section 3 of this act contains the following provision : ' ' It shall be the duty of 
the constructing company aforesaid, before opening its railway to public use, to 
file with the comptroller of the City of New York, in form to be approved by the 
mayor of the City of New York, its bond in the penal sum of §100,000, con- 
ditioned upon the true and faithful payment of the revenue in amount and manner 
specified in the preceding section, and the payment thereof shall be the legal com- 
pensation in full for the use and occupancy of the streets by said railway as pro- 
vided by law, and shall constitute an agreement in the nature of a contract 
between said city and constructing company, entitling the latter, or its successors, 
to the privileges and rates of fare heretofore or herein legalized, which shall not 
be changed without the mutual consent of the parties thereto as aforesaid ; and 
the mayor, on behalf of said city, may, in case of default in payments as afore- 
said, sue for and collect at law any arrearages in such payment, and the claims 
of the city therefor shall constitute a lien on" the railway of said company having 
priority over all others. " 

The use of what are called dummy engines was afterwards authorized in the 
operation of said road by the Commissioners above referred to. 

The New York Elevated Railroad Company was organized under the general 
railroad law passed in 1850, and the laws amendatory thereof and supplementary 
thereto. 

Within a short time thereafter the last named company became the purchaser 
under a foreclosure, and by other transfers, of the railway and all the rights, privi- 
leges, easements and franchises of the West Side and Yonkers Patent Railway 
Company (the name of which had in the meantime been changed to the West Side 
Elevated Patented Railway Company of New York City). 

We have now reached a point where the New York Elevated Railway Company, 
one of the lessors of the Manhattan Railroad Company, has succeeded to all the 
rights and property of the West Side and Yonkers Patent Railway Company. 

By a_ law passed on the 17th day of June, 1875 (the railway still being unfin- 
ished), it is declared that the New York Elevated Railroad Company, having 
acquired by purchase under mortgage foreclosure and sale and other transfer, all 



PUBLIC RECORD OF GROVER CLEVELAND. 27 

the rights, powers, privileges and franchises which were conferred upon the West 
Side and Yonkers Patent" Railway Company by the acts above referred to, is 
"hereby confirmed in the possession and enjoyments of the said rights, powers, 
privileges and franchises as fully and as large as they were so granted in and by 
the acts aforesaid to the said West Side and Yonkers Patent Railway Company. 

The Court of Appeals, speaking of this law, uses the following language : 

• • The effect of this act was to secure to the Elevated Railroad Company all the 
rights, privileges and franchises of the West Side and Yonkers Patent Railway 
Company under the purchase by and transfer to it." 

By the sixth section of this act, it is provided that the New York Elevated 
Railroad Company might demand and receive from each passenger on its railroad, 
not exceeding ten cents for any distance of five miles or less, and with the assent 
required by section three of the act of 1868, hereinbefore referred to, not exceeding 
two cents for each additional mile or fractional part thereof. 

Another act was passed in 1875, commonly called the Rapid Transit Act, which 
provided for the appointment of commissioners, who, among other things, were 
authorized to fix and determine the time within which roads subject to the provi- 
sions of the act should be completed, together with the maximum rates to be paid 
for transportation and conveyance over said railways and the hours during which 
special cars should be run at reduced rates of fare. 

Commissioners were duly appointed by the mayor of the City of New York, as 
provided by this act, who fixed and determined the route of the road of the New 
York Elevated Railroad Company, and prescribed with the utmost particularity 
the manner of its construction and therefore deliberately agreed with said company 
that it should charge as fare upon trains and cars other than what were called by 
the parties commission trains and cars, for all distances under five miles not to ex- 
ceed ten cents, and not to exceed two cents for each mile or fraction of a mile over 
five miles, until the fare should amount to not exceeding fifteen cents for a through 
passenger from and between the Battery and the intersection of Third avenue and 
One Hundred and Twenty-ninth street, and from and between the Battery and 
High Bridge not to exceed seventeen cents for a through passenger, and that for 
the entire distance from and between the Battery and Fifty-ninth street the fare 
should not exceed ten cents per passenger. 

It was further agreed between the said company and commissioners that com- 
mission trains should be run during certain hours in the morning and evening for 
the accommodation of the public and the laboring classes, upon which the fare 
should not exceed five cents from and between the Battery and Fifty-ninth street, 
nor any greater sum for any distance not exceeding five miles ; that it should not 
exceed seven cents for a through passenger from and between the Battery, or any 
point south thereof and the Harlem river, and that such fare should not exceed 
eight cents on such commission cars and trains from and between the Battery and 
High Bridge. 

And it was further agreed by said company that when the net income of the 
road, after all expenditures, taxes, and charges are paid, should amount to a sum 
sufficient to pay exceeding ten per cent, per annum on the capital stock of the 
company ; that in such case and within six months thereafter, and so long as said 
net earnings amount to a sum sufficient to pay more than ten per cent, as afore- 
said, the said company would run commission trains on its roads at all hours dur- 
ing which it should be operated at the rates of fare last mentioned. 

Having thus completed an agreement with this company, the commissioners 
transmitted the same to the mayor of the City of New York, accompanied by a 
very congratulatory report of their proceedings, whereupon the mayor submitted 
the same to the Board of Aldermen, by whom it was approved. This was in the 
latter part of 1875. 

Since that time the New York Elevated Railroad Company, upon the faith of 
the laws which have been recited, and its proceedings with the commissioners, at 
a very large expense, has completed its road from the Battery to Harlem river, a 
distance of about ten miles. ■ : 

The bill before me provides that notwithstanding all the statutes that have 
been passed and all that has been done thereunder, passengers shall be carried the 
whole length of this road for five cents, a sum much less than is provided for in 
any of such statutes or stipulated in the proceedings of the commissioners. 

I am of the opinion that in the legislation and proceedings which I have detailed, 
and in the fact that pursuant thereto the road of the company was constructed and 



28 PUBLIC RECORD OF GROVER CLEVELAND. 

finished, there exists a contract in favor of this company, which is protected by 
that clause of the Constitution of the United States which prohibits the passage of 
a law by any State impairing the obligation of contracts. 

But let it be supposed that this is not so, and that neither of these lesser com- 
panies are in any way protected from interference with their rates of fare, but that, 
on the contrary, they are subject to all the provisions of the general railroad act, 
under which they are both organized. 

Section thirty -three of that act reads as follows : 

■ ' The legislature may, when any such railroad shall be opened for use, from 
time to time alter or reduce the rate of freight, fare or other profits upon said road; 
but the same shall not, without 'the consent of the company, be so reduced as to 
produce with said profits less than ten per centum per annum on the capital actu- 
ally expended, nor unless on an examination of the amount received or expended, 
to be made by the State Engineer and Surveyor, and the Comptroller, they shall 
ascertain that the net income derived by the company from all sources, for the 
year then last past shall have exceeded an annual income of ten per cent, upon 
the capital of the corporation actually expended. " 

Even if the State has the power to reduce the fare on these roads, it has promised 
not to do so except under certain circumstances and after a certain examination. 

I am not satisfied that these circumstances exist, and it is conceded that no 
such examination has been made. 

The constitutional objections which I have suggested to the bill under con- 
sideration are not, I think, removed by the claim that the proposed legislation is 
in the nature of an alteration of the charters of these companies, and that this is 
permitted by the State Constitution and by the provisions of some of the laws to 
which I have referred. 

I suppose that while the charters of corporations may be altered or repealed, it 
must be done in subordination to the Constitution of the United States, which is 
the supreme law of the land. This leads to the conclusion that the alteration of a 
charter cannot be made the pretext for the passage of a law which impairs the 
obligation of a contract. 

If I am mistaken in supposing that there are legal objections to this bill, there 
is another consideration which furnishes to my mind a sufficient reason why I 
should not give it my approval. 

It seems to me that to arbitrarily reduce these fares, at this time and under 
■existing circumstances, involves a breach of faith on the part of the State, and a 
betrayal of confidence which the State has invited. 

The fact is notorious that for many years rapid transit was the great need of 
the inhabitants of the City of New York, and was of direct importance to the citi- 
zens of the State. Projects which promised to answer the people's wants in this 
direction failed and were abandoned. The Legislature, appreciating the situation, 
willingly passed statute after statute calculated to aid and encourge a solution of 
the problem. Capital was timid, and hesitated to enter a new field full of risks and 
dangers. By the promise of liberal fares, as will be seen in all the acts passed on 
the subject, and through other concessions gladly made, capitalists were induced 
to invest their money in the enterprise, and rapid transit but lately became an 
accomplished fact. But much of the risk, expense and burden attending the main- 
tenance of these roads are yet unknown and threatening. In the meantime, the 
people of the City of New York are receiving the full benefit of their construc- 
tion, a great enhancement of the value of the taxable property of the city has 
resulted, and in addition to taxes, more than $120,000, being five per cent, in 
increase, pursuant to the law of 1868, has been paid by the companies into the 
city treasury on the faith that the rate of fare agreed upon was secured to them. 
I am not aware that the corporations have, by any default, forfeited any of their 
rights ; and if they have, the remedy is at hand under existing laws. Their stock 
and their bonds are held by a large number of citizens, and the income of these 
roads depends entirely upon fares received from passengers. The reduction pro- 
posed is a large one, and, it is claimed, will permit no dividends to investors. This 
may not be true, but we should be satisfied it is not before the proposed law takes 
effect. 

It is manifestly important that invested capital should be protected, and that its 
necessity and usefulness in the development of enterprises valuable to the people 
should be recognized by conservative conduct on the part of the State govern- 
ment. 



PUBLIC RECORD OF GROVER CLEVELAND. 29 

But we have especially in our keeping the honor and good faith of a great 
State, and we should see to it that no suspicion attaches, through any act of ours, 
to the fair fame of the commonwealth. The State should not only be strictly 
just, but scrupulously fair, and in its relations to the citizen every legal and 
moral obligation should, be recognized. This can only be done by legislating with- 
out vindictiveness or prejudice, and with a firm determination to deal justly and 
fairly with those from whom we exact obedience. 

I am not unmindful of the fact that this bill originated in response to the 
demand of a large portion of the people of New York for cheaper rates of fare 
between their places of employment and their homes, and I realize fully the desira- 
bility of securing to them all the privileges possible, but the experience of other 
States teaches that we must keep within the limits of law and good faith, lest in the 
end we bring upon the very people we seek to benefit and protect a hardship which 
must surely follow when these limits are ignored. 

GROVER CLEVELAND. 

Among many expressions in opposition to the bill was a most emphatic com- 
munication from the Mayor of the City of New York, earnestly asking for the 
veto of the bill, concerning which, as a measure particularly relating to the City of 
New York, the Mayor of that city seemed to be particularly qualified to speak. 

The bill having been vetoed, letters of commendation and hearty approval were 
received from all parts of the State, from men of every shade of political opinion 
and in every walk of life. 



The Railroad. Commission's Conclusions. 

Subsequently to the veto of the bill an examination of the cost and earnings of 
the elevated railroads was undertaken by the Railroad Commissioners, of whom 
none reported a limitation of a five-cent fare for the whole day, though one recom- 
mended a " judicious extension of the commission hours," by adding three hours, 
in which a five-cent fare should be charged, and submitted a bill to that effect, 
which was introduced in the Republican Legislature of 1884, but was defeated by 
a Republican Senate, and never reached Governor Cleveland. 

The report of the majority of the Commission contained the conclusion that a 
reduction to a five-cent fare throughout the day would, at the number of pas- 
sengers carried in 1882, "reduce the gross income so as to prevent the roads from 
even paying interest on their bonded debt in full. The laboring classes of New 
York are carried between the hours of 5.30 and 8.30 a.m., and 4.30 and 7.30 p.m., at 
five cents, upon trains which run at intervals of forty-five seconds. The reduction 
would not so much benefit them, therefore, as it would the class who are better 
able to pay ten cents than the laborers are to pay five." 

Thus did the result show that the Governor was justified in his refusal to 
weaken respect for the promises of the State, and that in this as in his whole 
course of action concerning corporations, the Governor has been controlled by no 
partiality or favoritism, but only by a just regard for the rights of the State and 
the public, and the observance of public faith. 

The suggestion that his action on the Five Cent Fare Bill was taken out of 
deference to the capitalists controlling those roads is quite absurd in view of the 
fact that all of those most prominently named in connection with them oppose 
him and support the Republican candidate for the presidency. 

Neither corporations nor corporators have had from him any favor nor any 
injustice. The equal administration of the laws has been his aim and practice 
with reference both to them and to the public. 



30 PUBLIC RECORD OF GROVER CLEVELAND. 

The Labor Record. 

Labor is organized in the State of New York. The chief representative body 
of the State is " State Trades Assembly." It is not organized alone for political 
purposes, but has for its real purpose the improvement of the condition of the 
workingmen in all things. Its participation in matters political is incidental to 
the real purpose of its existence. In seeking the improvement in the condition of 
labor, it has through committees for years applied to the great political organ- 
izations for assistance and consideration. It has received these only from the 
Democratic party. Organization in this branch of endeavor has had its effect, as 
it does everywhere ; and so it came about that in 1882, as a result of organization, 
and for the first time, it presented well defined contentions, with which it appeared 
before the two great parties of the State— the Democratic and the Republican. 
The Republican party gave no heed whatever to its requests. The Democratic 
party listened ; and believing in them embraced them in their platform of that 
year. Upon this platform Grover Cleveland was placed by the Democracy of the 
State, and upon it he was elected to be Governor. His faithful adherence to the 
pledges and promises of that platform is known of all men, and so faithful as to 
be regarded the beginning of a new era in politics, when candidates would regard 
the obligations of formulated party utterances. 

The Labor Plar\k of 1882. 

The plank relating to labor was the twelfth, and read as follows : 
Twelfth — We reaffirm the policy always maintained by the Democratic party 
that it is of the first importance that labor should be made free, healthful and 
secure of just remuneration. That convict labor should not come into com- 
petition with the industry of law-abiding citizens. That the labor of children 
should be surrounded with such safeguards as their health, their rights of educa- 
tion and their future, as useful members of the community, demand. That 
workshops, whether large or small, should be under such sanitary control as will 
insure the health and comfort of the employed, and will protect all against 
unwholesome labor and surroundings. That labor shall have the same rights as 
capital to combine for its own protection, and that all legislation which cramps 
industry, or which enables the powerful to oppress the weak, should be repealed ; 
and, to promote the interests of labor, we recommend the collection of statistics 
and information respecting the improvements, needs and abuses of the various 
branches of industry." 

This plank Grover Cleveland accepted in its entirety, not only in the letter, 
b)ut in the spirit, as the subsequent record will show, in the following words, which 
are taken from his letter of acceptance of the gubernatorial nomination, dated at 
Buffalo, October 7, 1882 : 

" The platform of principles adopted by the convention meets with my hearty 
approval. The doctrines therein enunciated are so distinctly and explicitly stated 
that .their amplification seems scarcely necessitated. If elected to the office for 
which I have been nominated I shall endeavor to impress them upon my adminis- 
tration and make them the policy of the State." 

And again, further on, he says : 

■ ' The laboring classes constitute the main part of our population. They should 
be protected in their efforts to assert their rights when endangered by aggregated 
capital, and all statutes on this subject should recognize the care of the State for 
honest toil, and be framed with a view of improving the condition of the work- 
ino-rnan." 



PUBLIC RECORD OF GROVER CLEVELAND. 31 

It is now a matter of history that this pledge has been most faithfully fulfilled. 

Having thus found the Democratic party and its candidate willing to accept 
these contentions as their own, the representative laboring men proceeded to put 
them into effect by drafting bills to present to the Legislature. Thus in an orderly 
and efficient way, in fact the only way in which to put them into effect, these con- 
tentions were formulated into measures. Four bills were introduced in the 
Legislature of 1883, the first year of Governor Cleveland's term. , 

Bureau of Labor Statistics. 
One was the bill providing for the establishment of a Bureau of Labor Statistics. 
This the labor representatives regarded as by far the most important of all the 
measures they had presented. So soon as the bill reached him, the Governor 
showed his intention of keeping his pledges by signing it. 

Tenement House Cigar Bill. 
Another was the bill prohibiting the manufacture of cigars in tenement houses, 
which the Governor promptly signed. This law was subsequently declared defec- 
tive in title, and therefore unconstitutional, by the courts ; another bill was intro- 
duced in the Legislature of 1884, and the defect in the title having been remedied, 
was passed and the Governor signed it again. It is a fair illustration of the reck- 
lessness and audacity which has inspired the effort to mislead the public mind as 
to the Governor's attitude toward measures of this character, to cite the fact in 
this place that it has been repeatedly and persistently asserted that the Tenement 
House Cigar bill was vetoed by him, — a statement absolutely the reverse of true — 
but not more so than the other charges with which the opposition, valid reasons 
failing, has endeavored to sustain itself. 

The Hatters' Bill. 
Another was the bill prohibiting the manufacture of woolen hats in the State 
prisons, penitentiaries and reformatories of the State, and this was promptly 
signed by the Governor. For several years ineffectual efforts had been made to 

pass this bill. 

Convict Labor Bill. 

The fourth an,d last of the series of the labor bills for 1883 was the bill to 
abolish convict labor in State prisons. This bill met with very great opposition 
from the Republicans of the Legislature, and Thomas F. Grady, then a Senator 
from the City of New York, introduced a bill providing that the question be sub- 
mitted to the voters of the State. Thus it was that the bill never reached the Gov- 
ernor, and no opportunity was afforded him to act upon it during the session of 
1883. 

The question was submitted to the voters in November, 1883, and decided by a 
very large majority against the continuance of convict prison labor. Thus it is 
shown that every bill relating to labor which reached the Governor in 1883 he 
promptly signed. 

Returning to the Effort. 

In 1884 the labor representatives, encouraged by their successes in 1883, again 
presented themselves before the Legislature with further demands formulated into 
measures as follows : 

The tenement house cigar bill, to which reference was made above. This was 
made necessary by the decision of the Court of Appeals that the bill was uncon- 
stitutional in that its title was defective. The defect having been remedied, 
the Governor signed it. 



32 PUBLIC RECORD OF GROVER CLEVELAND. 

Convict Labor Agair\. 

The bill prohibiting the employment of convicts in State prisons on contract 
labor. This was popularly known as the " Comstock " bill, and provided no sub- 
stitute for the labor the convicts were employed in. There were several defects in 
the bill as it reached the Governor which would have made it inoperative, but the 
Governor called in Mr. Thayer, the President of the State Trades' Assembly, and 
pointing out the defects, among which was that penitentiaries were excepted from 
the provisions of the bill, suggested a recall of the bill to correct it, which was done, 
and then it was signed. Had not the Governor been the friend of labor he is, he 
could have defeated its object by signing it as it came to him. Subsequently, a 
bill known as the Howe Commission bill passed the Legislature, providing for the 
appointment of five commissioners, to investigate and report by May first some 
suitable system for the employment of convicts. After an investigation of only a 
few days they reported that they could not make a report within the specified time. 
A bill was then passed extending the time until January 1, 1885. This the Gover- 
nor vetoed, and in forcible term?, declaring that it was the duty of the Legislature 
to provide at that session some substitute. The Republican Legislature dallied with 
the question, and let it die, and the fact is, that as the contracts under which the 
convicts labor now expire, the convicts will be without work, the responsibility of 
which must rest upon the Republican Legislature. 

Child Contract Labor Bill. 
One of the bills introduced in the interest of labor this year was that making it 
unlawful for the trustees or managers of any house of refuge, reformatory or other 
correctional institution, to contract, hire or let the service or labor of any child 
committed to or an inmate of such institutions. It was passed and signed by the 
Governor. This is another of the bills which it has been falsely stated the 
Governor vetoed, and it furnishes a further illustration of the utter recklessness of 
those who have sought to arouse hostility upon false grounds. It may well be 
claimed that the fact that these charges, absolutely false as they are, have to be 
resorted to by the Governor's opponents, offers conclusive proof that there are no 
good grounds on which such opposition can be based. 

Mechanics' Lien Law. 

One of the bills introduced was that one known as the Mechanics' Lien Law. 
This bill, which was a local act applying only to Kings and Queens counties and 
the cities of the State, was vetoed by the Governor, and, as an examination shows, 
clearly in the interest of workingmen. Instead of giving the mechanic the first 
lien, as was the object of the bill, by an oversight in the drafting of it, it gave to 
all parties having claims, whether mechanics or not, the first lien, thus reducing 
the mechanics to a level with all claimants. Moreover it repealed in distinct terms 
a number of mechanics' lien laws already on the statute books. To make it a law 
was to sacrifice many real and substantial advantages already possessed by 
mechanics. 

The bill largely increased the cost of enforcing liens and would have chiefly 
benefited lawyers. 

Conductors' and Drivers' Bill. 

Since the year 1870 the Laws of the State of New York have declared that 
' ' eight hours shall constitute a legal day's work for all classes of mechanics, work- 
" ingmen and laborers, excepting those engaged in farm and domestic labor, but 
1 ' overwork for an extra compensation, by agreement between laborer and employer 



PUBLIC RECORD OF GROVER CLEVELAND. 33 

• ' is hereby permitted. " Though the title and subsequent sections of the law 
limited this provision to public works, its effect has been generally to establish an 
eight hour system in the State of New York. It has gone as far in the accomplish- 
ment of this purpose as any law could by way of recommendation. 

Early in the session of 1884 there was introduced in the Assembly a bill in the 
following terms : 

Sectiox 1. On and after the passage of this act it shall be unlawful for any 
officer or agent of any railroad corporation in any of the cities of this State, whose 
cars are drawn by horses, to exact from conductors or diivers employed by 
them more than twelve hours' labor for a day's work, and such corporations 
shall, out of said twelve hours' labor, allow such conductors and drivers a reason- 
able time to obtain meals. 

§ 2. Any officer or agent of any such corporation who shall violate or other- 
wise evade the provisions of this act shall be deemed guilty of a misdemeanor, 
punishable by a fine of not to exceed three hundred dollars or imprisonment not to 
exceed six months, or both fine and imprisonment for each offense. 

§ 3. This act shall take effect immediately. 

This bill passed the Assembly promptly, but going to the Senate was there 
ignored untU the last day but one of the session, when it was at first defeated, but 
upon a reconsideration, it was adopted by a bare constitutional majority. 

Owing to this delay by the Legislature, the bill reached the Governor after the 
final adjournment, when all opportunity for amendment was gone, and when the 
bill had to be considered upon its merits as a piece of legislation, according to its 
actual terms, and not as it might have been had more care been taken in expressing 
the wishes of its promoters. 

Unless effective as a law, it would have been worse than useless as a mere 
recommendation upon the statute books, for it would have recommended a reduc- 
tion only to twelve hours for a day's work while the statute of 1870 had already set 
up a standard of eight hours A scrutiny of the provisions of the bill will show 
that it would not have been effective as a law, and that it would have tended to 
impair rather than increase the advisory effect of the eight-hour law of 1870. 

Upon a careful consideration of the terms of this bill, it will be perceived that it 
forbade only one thing — the exaction of more than twelve hours' labor for a day's 
work from conductors or drivers of cars drawn by horses. 

Every one must concede that this would have been construed by the courts as a 
penal statute. Nothing could be added to its express provisions, nor could they be 
enlarged by implication. 

Thus construed the bill was meaningless, and would have accomplished nothing 
as to any case in which it should not be shown : 

1 . That more than twelve hours' labor had been exacted. 

2. That it had been so exacted for a day's work. 

3. The cars were drawn by Iwrses. 

4. That the offense was committed in a city. 

There was in the bill : 

1. Nothing to prevent a voluntary agreement between the parties to work more 
than twelve hours, thus inviting litigation in each case as to whether the work had 
been " exacted " or voluntarily rendered. 

2. No applicability to cases where service was rendered not by " day's work " 
but by the trip, the fact being that in almost all cases men are paid by the trip, a 
practice which would have become universal had the bill become a law. 

3. Nothing to protect conductors of cars drawn by steam or by mules, or 
drivers of stages. 

3 



84 PUBLIC RECORD OF GROVER CLEVELAND. 

4. Nothing to cover cases of drivers or conductors of cars, except within the 
limits of incorporated cities. 

Few bills have been so crude or so insufficient to substantially attain the osten- 
sible purpose of their introduction, and even a less kind-hearted man than Gov- 
ernor Cleveland would have hesitated before incorporating in the legislation of 
this State, as the first bill fixing the hours of labor in one single business, a meas- 
ure as faulty as this ; as little likely to accomplish its professed object, and as 
likely to result in a diminution of the men's earnings by reason of a reduction of 
trips, since the general practice, not forbidden by the bill, is to pay not by the day 
but by the trip. It is a matter of general information that the wages of these 
hard-working men is now hardly more than sufficient to afford them a bare sub- 
sistence. 

The general understanding of the character of the measure and the reason why 
the Senate delayed its passage were declared upon the day of legislative adjourn- 
ment, and before the bill reached the Governor, by a prominent Republican jour- 
nal (the Albany Evening Journal), now supporting the Republican candidates, in 
the following terms : 

"The Senate, however, gave these matters closer investigation and finding that 
in many respects the bills checked rather than advanced the cause of labor, 
declined to concur in them. Among these measures was Mr. Earl's bill fixing 
hours of labor for horse-car conductors, in behalf only time Speaker Sheard him- 
self took the floor for the only time during the session. In the Senate it was shown 
that the bill would be inoperative, and it was accordingly lost. It was recon- 
sidered late at night and passed. It is purely a piece of buncombe legislation and 
a patent lie in its very title." 

To a bill likely to disappoint the expectations of those who had been led to 
suppose that it was sufficient and beneficial instead of a delusion, Governor Cleve- 
land could not give his approval. Always unwilling to assume the appearance of 
doing something when in fact the act was worthless ; unwilling when asked for 
bread to give a stone, he was compelled to let this bill die, sincerely declaring " I 
cannot think this bill is in the interest of the workingmen." 

All other bills distinctly relating to labor or urged by labor interests were 
defeated by a Republican Legislature and not permitted to reach the Governor. 

Making Laboring Men Preferred Creditors. 
As an evidence of the care Governor Cleveland manifests for laboring men, the 
prompt signing of a bill which creates laboring men preferred creditors for wages 
in the case of the assignment of an employer. This bill, most important to labor- 
ing men, attracted little attention even from laboring men at the time of its enact- 
ment, but the quick eye and mind of the Governor appreciated its value and he 
made it a law. The law is as follows : 

CHAP. 328. 

'•' An Act to amend chapter four hundred and sixty-six of the laws of eighteen 
hundred and seventy-seven, entitled ' An act in relation to assignments of the 
estates of debtors for the benefit of creditors.' 

Passed May 21, 1884, three-fifths being present. 

" The People of the State of New York, represented in Senate and Assembly, do 
enact as follows : 

" Section 1. Section twenty-nine of chapter four hundred and sixty-six of the 
laws of eighteen hundred and seventy-seven, entitled ' An act in relation to assign- 
ments of the estates of debtors for the benefit of creditors,' is hereby amended to 
read as follows : 



PUBLIC RECORD OF GROVER CLEVELAND. 35 

" § 29. In all assignments, made in pursuance of this act, the wages or 
salaries actually owing to the employees of the assignor or assignors at the time of 
the execution of the assignment, shall be preferred before any other debt ; and 
should the assets of the assignor or assignors not be sufficient to pay in full all the 
claims preferred, pursuant to this section, they shall be applied to the payment of 
the same pro rata to the amount of each such claim. 

" § 2. This act shall take effect immediately. 

What the President of one of the Principal Labor Organizations of the 
State of New York says. 

Troy, July 21, 1884. 
lo the Argus : 

I have been informed that a statement has been published to the effect that 
while in Chicago at the recent National Democratic Convention I stated that I 
could pledge the vote of the worklngmen of this and other localities to Governor 
Cleveland. I wish to state that no such expression ever fell from my lips, and 
that no interview with me was ever published in which I made such a statement. 
On the contrary, I stated that no man could pledge the vote of the labor element 
of New York State, or of any portion of it, to any candidate, nor did any man 
have sufficient influence \o cause it to be cast against any candidate. I stated 
that if any man pretended to pledge the workingmen's vote to any candidate he 
did so without any authority. I stated that I had no authority to 
speak for them on political questions, nor had anyone else. I was asked 
what my personal preferences were, and I said that I preferred Governor 
Cleveland. When asked my reasons I expressed them as follows : The Work- 
ingmen's Assembly of this State has, since I have been at the head of 
that organization, succeeded in passing through the Legislature 
the following bills : Abolishing the manufacture of hats in the 
State prisons ; creating a bureau of labor statistics ; the tene- 
ment house cigar bill {twice) ; the abolition of convict contract 
labor ; the lien law, and the conductors and drivers' bill — seven 
in all. Of these measures Governor Cleveland signed five and vetoed two, viz : 
The lien law and the conductors' and drivers' bill. As to the lien law, it is gen- 
erally acknowledged now that he did us a kindness in vetoing that bill, because, 
through errors of our own in drafting the measure, the bill as passed would have 
been a positive injury to us. The conductors' and drivers' bill, I think, he should 
have signed. So the record shows that we have sent to Governor Cleveland six 
perfect bills and he has signed five and vetoed one. On this record I am not pre- 
pared to condemn him. If the Governor does us five favors and commits but one 
error, I feel that he is entitled to my support. In addition to the labor measures 
prepared by our organization Governor Cleveland has signed a bill introduced by 
Senator Fassett, which makes workingmen preferred creditors ir#case of assign- 
ment or failure of the firm or corporation by which they are employed. Recog- 
nizing the justice of the measure and its great benefits to the working class, I 
asked Governor Cleveland to sign it and he did so without hesitation. So, to sum 
the matter up, he has approved of six bills favorable to our interests and disap- 
proved of one. By his record on legitimate labor measures I judge him, and on 
the strength of that record I shall support him. I do not wish it understood that 
I am voicing the sentiments or preferences of anyone but myself. I have no 
authority to speak for the workingmen on political subjects. 

Yours truly, 

WALTER N. THAYER, 
President of the New York State Trades' Assemblv. 



36 PUBLIC RECORD OF GROVER CLEVELAND. 

Two facts must be strikingly apparent from the foregoing : 

First, that though labor has been organized for many years, it has been in 
agitations unsuccessful until a recent period. 

Second, that within the two years last passed, it has accomplished nearly all or 
quite all its demands. 

How comes this about that suddenly so much success attends labor agitations ? 
The answers are equally clear. In 1882 the Democratic party accepted the^con- 
tentions of labor as its own, and upon the platform embracing these contentions 
Grover Cleveland, the honest man, was elected Governor. Proposing to faithfully 
carry out the pledges and promises he had made in the acceptance of the platform, 
he insisted upon all others in authority doing the same, and the result is the 
wonderful progress made in matters of labor — a result due to the stand taken by 
Governor Cleveland. 



Prisons and Pardons. 

Tr\e Governor and i\is Exercise of the Power Vested ir\ him. 

One of the last acts of Governor Cornell was the appointment of a superintendent 
of prisons, so that during the administration of Governor Cleveland the prisons of 
the State have been under the management of an officer not appointed by the 
Governor. 

That Governor Cleveland is much interested in the prison system of the State is 
shown in his public acts and papers. The penal system is by no means the best 
that could be designed, and the responsibility for its conduct is divided. The 
correctional institutions of the State are the State prisons— Auburn, Sing Sing, and 
Clinton ; the penitentiaries— of New York, Kings, Erie, Albany, Monroe, and 
Onondaga counties ; houses of refuge and reformatories — the New York House of 
Refuge, Western House of Refuge and the State Reformatory at Elmira, and the 
county jails. 

Of these the State prisons are under direct State control ; the penitentiaries are 
under county management ; the reformatories are under the direction of managers 
appointed by the Governor and confirmed by the Senate ; and the common jails 
are under county control. Without attempting to discuss the wisdom of the sys- 
tem of divided authority, it is sufficient to say here that in that which the State 
has control, the Governor began very ear]y to manifest a deep concern. Hardly a 
month had elapsed after assuming the duties of Governor before he addressed the 
following letter to Superintendent Baker : 

Treatment of Convicts. 

State op New York, Executive Chamber, ) 
Albany, February 2, 1883. ) 

Hon. Isaac Y. Baker, Jr. , Superintendent of State Prisons : 

Dear Sir— I deem it proper to call your attention to the provisions of section 
108 of chapter 460 of the Laws of 1847, which prohibits the infliction of blows 
upon any convict in the State prisons by the keepers thereof, except in self- 
defense or to suppress a revolt or insurrection ; and also to chapter 869 of the Laws 
of 1869, abolishing the punishments commonly known as the shower-bath, crucifix 
or yoke and buck. I suppose these latter forms of punishment were devised to 
take the place of the blows prohibited by the law of 1847. 

Both of the statutes above referred to seem to be still in force, and in my 
opinion, they are in no manner affected by the Constitutional Amendment giving 
the Superintendent " the superintendence, management and control of the prisons," 
nor by sections 1 and 5 of chapter 107 of the Laws of 1877, providing that the 



PUBLIC RECORD OF GROVER CLEVELAND. 37 

Superintendent shall have the management and control of the prisons and of the 
convicts therein, and of all matters relating to the government, discipline, police, 
contracts and fiscal concerns thereof, and that he shall make such rules and regu- 
lations for the government and punishment of the convicts as he may deem proper. 
I especially desire to avoid any injurious interference with the maintenance by 
the prison authorities of efficient discipline ; but I insist that, in the treatment of 
prisoners convicted of crime, the existing statutes of the State on that subject 
should be observed. 

Yours respectfully, 

GROVER CLEVELAND. 

The Pardoning Power. 
The great and merciful power of pardon is vested in the Governor. There was 
a^tiine in the history of this State when, probably, this power was exercised too 
freely and without due discretion. Perhaps that is the reason why, when a change 
in this matter took place, the other extreme was reached, and when quite as much 
fault could be found with the one as the other. There are times when the with- 
holding of clemency is as great an injustice as its lavish exercise. 

Comrr\utations. 
So far as it lay in his power, Governor Cleveland began reforms in the matter 
of the treatment of prisoners. Under the statutes, a prisoner for good conduct is 
allowed a remission or commutation of two months for each of the first two years, 
four months for the third and fourth, and five months for each subsequent year. 
The question of the aggregating of sentences in the allowance for good conduct 
was settled in the affirmative early in the administration of Governor Cleveland, 
and properly, for few will be willing to deny that he who receives four sentences 
of five years each is entitled to as much commutation for good conduct as he who 
receives a single sentence of twenty years. 

A Reform, 
The Governor also decided that all prisoners confined in the prisons or peniten- 
tiaries having an aggregate sentence of one year or over, could earn commuta- 
tion whether under conviction of felony or other crimes or misdemeanors. And 
who will deny that this decision was not the correct one, when it is considered that 
the sole object of the laws authorizing these commutations is to encourage good 
conduct and promote discipline in prisons ? Moreover, it was a demonstration, 
and an early one, of the humane instincts of the Governor. 

The Governor on Reformatories. 

Quite in the line of this policy is his comments upon the reformatories in his 
last message to the Legislature. He says : 

" Of the number above mentioned, 507 (the 15,000 men, women and children 
confined in the prisons, houses of refuge, penitentiaries, reformatories, jails and 
protectories) were confined in the State Reformatory at Elmira, upon conviction 
of felonies. Such convicts are required to be between the ages of sixteen and 
thirty years. No term of imprisonment is fixed by the sentence, but they cannot 
he detained longer than the maximum time for which they might have been sent 
to prison. Within this limit they may be imprisoned until "discharged by the 
rules of the institution. 

"The board of managers may transfer 'temporarily' to either of the State 
prisons any inmate, who, subsequent to his committal to the reformatory, shall be 
shown to have been, at the time of his conviction, more than thirty years of age. 
or to have been previously convicted of crime, or any apparently incorrigible 
prisoner whose presence in the reformatory appears to be seriously detrimental to 
the well-being of the institution. If after such transfer he is not recalled by the 
managers, he must remain in State prison during the balance of the longest sen- 



38 PUBLIC RECORD OF GROVER CLEVELAND. 

tence that might have originally been imposed upon him. The law allowing a 
reduction of the time of imprisonment for good conduct is not applicable to his 
case. 

" On application to the prison at Auburn, I learn that since the reformatory was 
established, and up to the 6th day of December, 1883, seventy-five persons who had 
originally been sent to the reformatory were transf erred under the conditions above 
stated to the Auburn State prison. Of these fifteen have been allowed to serve in 
prison the longest sentence that could have been pronounced for their crime ; one 
was discharged by order of the managers of the reformatory ; one was transferred 
to Clinton prison ; four were transferred to the Asylum for Insane Criminals (one 
of whom was subsequently returned to prison) ; two died ; one was recalled to the 
reformatory, and fifty-two still remained in the prison. How many of these were 
sent to the State prison by the managers because, in their view, they were ' appar- 
ently incorrigible prisoners, whose presence in the reformatory appears to be seri- 
ously detrimental to the well being of the institution,' is not reported, but it is safe 
to say that a large proportion were consigned to prison on that allegation. The 
prisoner thus transferred, who was sentenced to the reformatory, in mercy, to avoid 
the stigma of a sentence to prison, and for purposes of reform, because he had 
maintained theretofore a good reputation and standing in society, may meet at the 
door of the prison his accomplice in the crime committed, who, having made no 
pretense of character or respectability, has served the sentence to prison pronounced 
upon him by the court. The worst and most hardened criminals, if originally sent 
to prison, earn, by good conduct, a considerable reduction of imprisonment, but 
the convict from the reformatory has no such thing to hope or strive for. In my 
opinion there should be no power vested in the Board of Managers of this institution 
to send persons committed to their care to the State prisons ; and if convicts are 
sentenced to the reformatory, the courts should exercise the greatest care to be 
satisfied that they are promising subjects for reformatory efforts, and fix a term 
beyond which they cannot be confined. A release before the time thus fixed might 
well be offered as a reward for improvement, reform or good conduct. 

" The law in relation to the reduction for good behavior of the terms of convicts 
in State prison should be made more plain and definite, and the power of the prison 
authorities to refuse such reduction be more exactly defined." 

A few months subsequently to this message the Governor decided, upon a 
careful examination of the statute on the subject of commutation that he 
had the right to extend commutation to the reformatory transfers. He immediately 
ordered the discharge of six who, under his view of the statute, were entitled to be 
so discharged, and filed the following reasons for his action : 

These convicts having been originally sentenced to the New York State Reform- 
atory, no limit was fixed by the court to the term of their imprisonment. But 
by the provisions of the statute relating to this institution, such convicts may be 
discharged by the managers, under certain conditions ; and, in case the discretion 
thus vested in the managers is not exercised, convicts committed to the reformatory 
may be imprisoned therein for the longest term provided by law as a punishment 
for the offense of which they were convicted. 

Of course, the intention of the law was that persons convicted of crime, whose 
youth, or freedom from criminal habits and associations, gave promise of reforma- 
tion, should not be classed and kept with old and hardened criminals, but should 
be committed to the reformatory, where they might receive instruction and 
encouragement, and that their discharge within the limit which the law had fixed 
for their crime should be dependent upon the progress they made toward refor- 
mation. 

But it is also provided that the managers of this institution may, in certain 
cases, transfer prisoners to a State prison, where, unless they are recalled to the 
reformatory, they are kept the balance of the longest term for which they might 
have been sentenced to prison. 

This I consider entirely wrong. If a convict is to be confined in a State prison, 
the criminal courts should fix his term ; and the discretion which may be, in such 
cases, exercised by the courts, should not be abridged nor vested in the managers 
of the reformatory. 

And, to add to this injustice and this anomalous method of administering the 
criminal law, it has thus far been held. I believe, that the provisions of the statute 



PUBLIC RECORD OF GROVER CLEVELAND. 



39 



relating to reduction of a prisoner's term for good conduct does not apply to 
such convicts as are transferred from the reformatory to the prisons. 

The result is that an old offender, of previous bad character, is frequently sent 
to prison by the court, for a term much less than the longest time allowed by law, 
and, through good conduct in prison, can earn considerable commutation of his 
sentence ; while a young man, convicted of his first offense, with good character 
and respectable surroundings, sent by the court to the reformatory, for imprison- 
ment and reform, may be doomed by the managers of this institution to finish the 
longest term which his offense permits in the State prison, with no commutation for 
the most exemplary conduct. 

The least that should be done for convicts transferred under the present law 
from the reformatory to prison is to allow them for good conduct in prison the 
same commutation on the remainder of the term for which they might be confined, 
dating from the day of their transfer, that they would be entitled to if that was the 
beginning of an original sentence to prison. I think the statute in relation to com- 
mutations for good conduct in prison permits this. If it does not, it ought to, and 
I am glad that I have the power, in any event, to rectify such wrongs, by the 
interposition of a special commutation. 

The conduct of the six convicts above mentioned so transferred from the New 
York State reformatory to Auburn prison is reported by the warden of the latter 
institution to be good. 

Making the deductions from their terms, which I believe them to have earned, 
all are now entitled to be discharged except two, whose terms, under the rule 
adopted, will respectively expire on the sixth and eighth days of the present month. 

I cannot now do what I regard full justice to all these convicts, but I have 
determined to approximate it as nearly as possible by commuting their terms to the 
eighth day of March, 1884. which is probably as early as the necessary documents 
can be perfected and forwarded. 

As to Pardons. 
With respect to pardons, he has exercised a wise discretion, and he has been 
the first Governor since the time of Hoffman to set forth in writing his reasons to 
accompany the pardon. There is reason to believe that this practice, so entirely 
right, has given birth to the idea that he exercised this power in a most lavish 
manner. To state exactly the fact, and to show exactly how his record in this 
matter stands in comparison with his predecessors, the following table is presented : 

A Comparative Statement. 



Governor Fenton, 1865 

Governor Fenton, 1866 , 

Governor Fenton, 1867 

Governor Fenton, 1 868 

Governor Hoffman, 1869 

Governor Hoffman, 1870 

Governor Hoffman, 1871 

Governor Hoffman, 1872 

Governor Dix, 1873 , 

Governor Dix, 1874 

Governor TilHen, 1875 

Governor Tilden, 1870 

Governor Robinson, 1877 

Governor Robinson, 1878 

Governor Robinson, 1879 

Governor Cornell, 1880 

Governor Cornell, 1881 

Governor Cornell, 1882 

Governor Cleveland, 1883 

Governor Cleveland, 1884, to July 16 



Acts of 

Clemency. 



153 
194 

142 

i53 
108 
120 
118 
i57 
55 
95 
100 
160 



Applications. 



278 
452 
440 
400 
298 
400 

344 
600 
242 
362 
35° 
456 
380 
402 

49 2 

226 
180 
126 
290 
237 



Per Cent. 



55 
42 

32 
38 
36 
30 
34 
26 
22 
26 
28 

35 
29 

43 
42 
24 
10.34 

15 
19 
M-33 



The above table shows that up to the date of writing Governor Cleveland's per- 
centage of pardons upon the applications made is less than that of any of his pred- 



40 PUBLIC RECORD OF GROVER CLEVELAND. 

ecessors, and the actual number less than his six predecessors, except the one 
who immediately preceded him. 

Reasons Given. 

In each case of a pardon granted, his reasons, as was remarked above, set forth 
in writing, have accompanied them. These have never been questioned as not 
being sufficient and good. Not a few have been granted for the reason that the 
convict had but a few days to live ; others that a re-examination of the case has 
shown that ends of justice have been served in the term of imprisonment already 
undergone ; others upon the ground that being improperly defended, the prisoner 
had been convicted of a degree of crime of which he was not guilty, and had 
already served the term, which is the penalty of the degrees of crime of which he 
was really guilty. Justice, hand in hand with humanity, have been the advisers 
of the Governor in the exercise of the pardoning power. 

The Governor's record upon convict contract labor, and upon child contract 
labor, having already been presented as part of his record upon the labor question, 
will not be repeated here. 



Charities. 



Governor Cleveland has had frequent occasion to consider and discuss the 
important subject of charities, and has invariabty exhibited a keen sensibility to 
the sufferings of the unfortunate, and a hearty desire to relieve their distress. In 
his annual message for 1884 he thus reviewed the operations of the public chari- 
ties of the State of New York : 

" Some attention given to the system of supervision of the charitable and 
reformatory institutions of the State convinces me that it might be much improved. 

" The State Board of Charities is vested with the power of visitation and 
examination, and is required to report the condition of the institutions visited, which 
include all the charitable and correctional institutions in the State. 

" The State Commissioner in Lunacy is authorized and directed to examine 
into and report annually to the Legislature the condition of the insane and idiotic 
in the State, and the management and conduct of the asylums and institutions for 
their care and treatment. 

" The boards of trustees or managers of all the charitable and correctional 
institutions have generally the control of their business and internal management. 

"The superintendents hold their positions under the boards of trustees, and are 
supposed to devote their attention to the care of the inmates of the institution. 

" The Board of Charities is composed of most estimable men and women, who 
receive no compensation for their services, but devote all the time to the perform- 
ance of their duties that can reasonably be expected, and their labors are undeniably 
valuable. Their powers are advisory in their nature, and their recommendations 
are often unheeded. 

' ' The powers and duties of the State Commissioner in Lunacy, so far as the 
institutions for the insane and idiotic are concerned, are nearly identical with 
those of the Board of Charities ; and unfortunate questions have arisen from this 
condition. 

' ' The visitations of the Board of Charities, as well as the Commissioner in 
Lunacy, are necessarily infrequent, and the information they gain of the actual 
management of the institutions quite general and imperfect. 

' ' The local board of trustees gratuitously perform the duties they have as- 
sumed, and, while not unfaithful, can hardly be expected to devote time very con- 
stantly to the details of management. They very naturally gain much of their 
information from the statements of the superintendent in charge. 

' ' A recent investigation by a committee of the managers of the Western House 
of Refuge, where delinquent boys and girls are sent for reform and instruction, 



PUBLIC RECORD OF GROVER CLEVELAND. 41 

satisfied the committee that for months the by-laws and regulations of the insti- 
tution relating to the punishment of inmates had been violated ; that the boys 
there confined had been beaten, abused and assaulted in the most outrageous 
manner by the attendants and subordinates in charge, and the funds of the insti- 
tution had not been sufficiently protected. 

"It is assumed that neither the Board of Charities nor the local board of 
trustees had any knowledge of these things until they were exposed by the investi- 
gation ; and the superintendent testifies that he was entirely ignorant of the 
instances of cruelty established by the testimony. 

' ' A system which permits this condition of things is evidently defective. 

' ' The time will never come when the humane sentiment of the people will 
approve the cruel treatment or the neglect of the unfortunate, or even criminal, 
inmates of these institutions ; and their usefulness depends upon giving no occa- 
sion for the growth of a suspicious and unreasoning belief that their benevolent 
purposes are lost or perverted. That system of management is, therefore, mani- 
festly best which most nearly satisfies the public that it is conducted with due 
regard to justice and forbearance." 

While he was Mayor of Buffalo his attention was drawn to the perils of chil- 
dren wandering through the streets by night, and he addressed the Common Coun- 
cil as follows : 

Perils of Children. 

Buffalo, June 5, 1882. 

" My attention has been called, by a committee from the Society for the Pre- 
vention of Cruelty to Children, to the number of small boys and girls found upon 
our streets at late hours in the night. 

' ' I have reason to believe that many of these children are allowed, and some 
are obliged, by their parents, to thus remain in the streets for the ostensible purpose 
of earning money by selling newspapers or blacking boots. In truth, however, 
after a certain hour in the evening, the most, if not all the money they receive, 
they obtain by begging or by false pretenses. In the meantime, they are subjected 
to worst influences, leading directly to profligacy, vagrancy and crime. 

' ' The importance of caring for children who are uncared for by their natural 
guardians, or who are unmindful of parental restraint, must be apparent to all. 
In the future, for good or evil, their influence will be felt in the community ; and 
certainly the attempt to prevent their swelling the criminal class is worth an effort. 

'* It seems to me that no pretext should be permitted to excuse allowing younsj 
girls to be on the streets at improper hours, since the result must necessarily be 
their destruction. 

' ' The disposition of the boy (child though he be) to aid in his own support or 
that of others, in an honest, decent way, ought not to be discouraged. But this 
does not call for his being in the street at late hours, to his infinite damage 
morally, mentally, and physically, and to the danger of society. 

' ' I respectfully suggest that this subject be referred to the Committee on 
Ordinances and the Attorney, and that a committee from the Society for the Pre- 
vention of Cruelty to Children be invited to co-operate with them in an effort to 
frame an ordinance which will remedy the evil herein considered. 

"GROVER CLEVELAND, Mayor." 

The Catholic Protectory. 

In the year 1883 the Governor found it necessary to withhold his approval from 
an appropriation for the Catholic Protectory, upon the ground that the expeuse of 
maintaining destitute children there was properly chargeable upon the treasury of 
the City of New York. This Protectory is a local institution open to children 
committed by the courts in New York City only. All knowing these facts agree 
that there is a reasonable doubt as to the propriety of other cities and counties, 
which have no benefit, being taxed to contribute to its support, 

Some criticism upon this veto was expressed by those ignorant of the purely 
public considerations which influenced the Governor, who, in his appointments 
and personal friendships has shown his absolute freedom from all sectarian preju- 



42 PUBLIC RECORD OF GROVER CLEVELAND. 

dice. To such criticism a ready answer has been given by gentlemen who are 

officers of the Protectory, in the following letter : 

" Mr. Daniel Manning, Chairman Isew York Delegation, Chicago, III. : 

" We never doubted the sincerity of the motives which induced Governor Cleve- 
land to withhold his signature to the appropriation to the Protectory. We thought 
then, and think now, that he was not actuated by any feeling of bigotry, or of hos- 
tility to Catholics or to Catholic institutions. On the contrary, Governor Cleveland 
is liberal in the extreme, and we are of the firm belief that he was led to with- 
holding his approval of the appropriation solely \)j a sense of public duty as he 
viewed it. 

" HENRY L. HOGUET, 

President of the Protectory. 
" JOHN E. DEYELIN, 

Legal Adviser to the Protectory." 

Grover Cleveland and the Catholics. 

[Fort Wayne, Ind., Sentinel.'] 
The Sentinel takes pleasure in laying before its readers a personal letter from 
the Hon. Thos. Y. Welch, member of the Assembly of New York, in reply to the 
inquiries made by Mr. Charles A. Walter, a well-known merchant of Huntington, 
and president of the Young Men's Cleveland and Hendricks' club at that place. 
Mr. Walter is an ardent Catholic, and wrote Mr. Welch in order that he might 
know the truth. We ask a careful reading of it from all. Catholics and 
Protestants : 

Niagara Falls, July 16, 1884. 
Mr. Charles A. Walter, Huntington, Ind. : 

Dear Sir — In reply to the inquiries made in your letter of July 14, I wish to 
state : 

1st. Grover Cleveland is not a bigot in any sense of the word. He is a fair 
minded man, and we, who are his neighbors, know of no instance in which he has 
antagonized the Catholic church. 

2d. Since Grover Cleveland has been Governor I have been a member ,of the 
Legislature. I know of no official act of his that would indicate hatred on his 
part toward the Catholic church. On the contrary, I could mention many 
instances of friendly action on his part. 

3d. The letter published in the Buffalo Courier of July 1, over my signature, 
is genuine, and I here reiterate every statement made therein. 

4th. Governor Cleveland did not veto the '' freedom of worship " bill. The bill 
did not pass the Legislature, and never came before Governor Cleveland for his 
action. 

5th. Governor Cleveland did veto an appropriation for a Catholic protectory in 
this State, for constitutional reasons. I voted for the appropriation referred to, but 
upon reading Governor Cleveland's veto message, I am convinced that he was 
justified in his action. The constitution of our State allows such appropriations 
only for State institutions. It is a&mitted that the institution in question is not a 
State institution. 

Governor Cleveland is a hard-working, conscientious public officer, thoroughly 
independent, thoroughly Democratic and thoroughly American. As such he is 
justly entitled to the support of every Democrat, Catholic and non-Catholic alike. 

As an earnest advocate of Grover Cleveland, permit me to add that I was a 
delegate to the first convention of the Irish National Land League, at Buffalo, being 
at that time president of the branch at this place. I am a member of St. Mary's 
Catholic Church, and of Branch No. 1 of the Catholic Mutual Benefit Association, 
and I am at present the president of the Niagara Falls Catholic Total Abstinence 
and Literary Society. 

Very sincerely yours, 

Thomas Y. Welch, 
Member of Assembly, Niagara County, N. Y., 1883 and 1884. 



PUBLIC RECORD OF GROVER CLEVELAND. 43 

Letter of Mr. "Welch, above referred to, published July 1 : 
To the Editor of the Buffalo Courier : 

I notice with regret that some persons in the Democratic party of the State of 
New York who oppose the nomination of Governor Cleveland for President, are 
endeavoring to create a false impression by grossly misrepresenting his position 
toward the Catholic Church. As a Catholic and a member of the Legislature during 
the last two years I cannot recall any act or any omission of Governor Cleveland 
that would in the slightest degree justify any such impression. On the contrary, 
Governor Cleveland "always treated Catholics and Catholic interests precisely as he 
did the members of other religious bodies and their religious interests, fairly and 
justly, according to their merit ; and I believe that to be as much as any sensible 
Catholic expects or desires. Having served upon the Committee of Ways and 
Means of the Assembly during the sessions of 1883 and 1884, and in the discharge 
of official duties having had frequent occasion to know that no man is more free 
from bigotry or more broad and comprehensive in his religious views than Gov- 
ernor Cleveland, I, as a sincere and practical Catholic, under the existing circum- 
stances deem it my duty to co-religionists to make a public statement of my abso- 
lute knowledge of that fact. 

Thomas V. Welch, 
Member of Assembly, Niagara County. 

Niagara Falls, June 26, 1884. 

To this refutation of suggested bias on the part of Governor Cleveland against 
any religious faith, may be here added a denial of the statement that he vetoed a 
bill to secure freedom of worship to inmates of charitable institutions. No such 
bill ever came before him. the untrue report to the contrary doubtless arising from 
the fact that his Republican predecessor, Governor Cornell, did veto such a bill on 
June 11, 1881. 

Liberality of Views. 

On the contrary, the liberal disposition of Governor Cleveland was shown in 
his approval, in 1884, for the first time by any Governor, of an item of $1,500 in 
the supply bill for the special employment and payment of Catholic clergy minis- 
tering to convicts in the prisons under the exclusive control of the State. 

Indeed, in all cases of official action concerning charitable or religious bodies, 
Governor Cleveland has submitted himself to the principle which has everywhere 
controlled him as a public officer, and has asked: " What are my potvers as the 
servant and agent of the whole people V\ And as a public officer, he has felt unable 
to assent to the disposition of public moneys for any purpose not strictly public. 
As a private citizen, giving from his own limited means, no just or worthy 
charity, whatever its religious affiliation, has found him indifferent. Himself a 
poor boy and not a rich man, he has known and appreciates the needs of the poor. 
A further refutation of the charge referred to is found in Governor Cleveland's 
appointments of John D. Kernan, Railroad Commissioner; John A. McCall, 
Superintendent of the Insurance Department ; James Shanahan, Superintendent 
of Public Works, to three leading positions in the State Government, and other 
prominent Irish- Americans to offices of honor. 

Public Moneys to be Used only for Public Purposes. 

Governor Cleveland has so rigorously, so uniformly and so openly declared the 
limitation upon the powers of public officers administering public funds, as to 
become a standing discouragement to assailants of the public treasury for private 
purposes. His supporters will not be found among those who seek merely an 
appropriation. They will undoubtedly be repelled by the unbroken series of his 
public utterance. 



44 PUBLIC RECORD OF GROVER CLEVELAND. 

In accepting the nomination as Mayor of Buffalo, he said : 
" I believe much can be done to relieve our citizens from their present load of 
taxation, and that a more rigid scrutiny of all public expenditures will result in a 
great saving to the community. I also believe that some extravagances in our city 
government may be corrected without injury to the public service. There is, or 
there should be, no reason why the affairs of our city should not be managed with 
the same care and the same economy as private interests. And when we 
consider that public officials are the trustees of the people and hold their places 
and exercise their powers for the benefit of the people, there should be no higher 
inducement to a faithful and honest discharge of public duty." 

In his first message as Mayor of Buffalo, he said : 

" We hold the money of the people in our hands to be used for their purposes 
and to further their interests as members of the municipality ; and it is quite 
apparent that, when any part of the funds which the taxpayers have thus intrusted 
us, are diverted to other purposes, or when by design or neglect, we allow a 
greater sum to be applied to any municipal purpose than is necessary, we have 
to that extent violated our duty. There surely is no difference in his duties and 
obligations, whether a person is intrusted with the money of one man or many. 
And yet it sometimes appears as though the office-holder assumes that a different 
rule of fidelity prevails between him and the taxpayer than that which should 
regulate his conduct when, as an individual, he holds the money of his neighbor. 

' ' It seems to me that a successful and faithful administration of the govern- 
ment of our city may be accomplished by constantly bearing in mind that we are 
the trustees and agents of our fellow-citizens, holding their funds in sacred trust, 
to be expended for their benefit ; that we should at all times be prepared to render 
an honest account of them touching the manner of their expenditure ; and that 
the affairs of the city should be conducted, as far as possible, upon the same 
principles as a good business man manages his private concerns." 

Exercise of tr\e Public Trust. 

In the veto of a claim of certain officers for payment for extra services, while 
the charter forbade extra compensation, he said : 

"By the terms of the resolution itself it appears that the extra services per- 
formed were fairly embraced in the official duties of the persons performing them. 
To examine the books and to restore order to the records of the office, was, as it 
seems to me, peculiarly the business of the claimants. 

'"If the work could not be done in the regular discharge of their duties, addi- 
tional clerks might have been employed ; but they having elected to do the work 
themselves, they must now be regarded as standing in the attitude of claimants for 
extra compensation ' for the performance of duties which really pertain to the 
business of their offices or positions.' 

" However meritorious these claims may be, their allowance by the city seems 
to be prohibited by law. I cannot, therefore, assent to their payment." 

His willingness to contribute from his own pocket to objects meritorious, 
though not public, rather than to exhibit that easy charity which gives away pub- 
lic moneys, is admirably exhibited in the following message sent by him as Mayor 
of Buffalo : 

Buffalo, May 8, 1882. _ 

' ' At the last session of your honorable body a resolution was adopted directing 
the City Clerk to draw a warrant for five hundred dollars in favor of the secretary 
of the Firemen's Benevolent Association. 

" This action is not only clearly unauthorized, but it is distinctly prohibited by 
the following clause of the State Constitution : 

' ' ' No county, city, town or village shall hereafter give any money or property 
or loan its money or credit to , or in aid of any individual, association or corpora- 
tion, or become directly or indirectly the owner of stock in or bonds of any asso- 
ciation or corporation ; nor shall any such county, city, town or village be allowed 
to incur any indebtedness except for county, city, town or village purpose."' 



PUBLIC RECORD OF GROVER CLEVELAND. 45 

" At the same meeting of your honorable body the following resolution was 
passed : 

' ' ' That the City Clerk be and he is hereby directed to draw a warrant on the 
4th of July fimd for five hundred dollars, to the order of J. S. Edwards, chairman 
of the Decoration Day Committee of the Grand Army of the Republic, for the 
purpose of defraying the expenses attending a proper observance of Decoration 
Day.' 

"I have taxed my ingenuity to discover a way to consistently approve of this 
resolution, but have been unable to do so. 

' ' It seems to me that it is not only obnoxious to the provisions of the constitu- 
tion above quoted, but it also violates that section of the charter of the city which 
makes it a misdemeanor to appropriate money raised for one purpose to any other 
object. Under this section I think money raised ' for the celebration of the 4th of 
July and the reception of distinguished persons ' cannot be devoted to the observ- 
ance of Decoration Day. 

"I DEEM THE OBJECT OF THIS APPROPRIATION A MOST WORTHY ONE. THE 
EFFORTS OF OUR VETERAN SOLDIERS TO KEEP ALIVE THE MEMORY OF THEIR 
FALLEN COMRADES CERTAINLY DESERVES THE AID AND ENCOURAGEMENT OF 
THEIR FELLOW-CITIZENS. We SHOULD ALL, I THINK, FEEL IT A DUTY AND A 
PRIVILEGE TO CONTRIBUTE TO THE FUNDS NECESSARY TO CARRY OUT SUCH A 
PURPOSE. And I SHOULD be MUCH DISAPPOINTED IF AN APPEAL TO OUR CITI- 
ZENS FOR VOLUNTARY SUBSCRIPTIONS FOR THIS PATRIOTIC OBJECT SHOULD BE IN 
VAIN. 

" But the money so contributed should be a free gift of the citizens 

AND TAXPAYERS, AND SHOULD NOT BE EXTORTED FROM THEM BY TAXATION. 

This is so, because the purpose for which this money is asked does not 
involve their protection or interest as members of the community, 
and it may or may not be approved by them. 

" The people are forced to pay taxes into the city treasury only upon the theory 
that such money shall be expended for public purposes, or purposes in which they 
all have a direct and practical interest. 

" The logic of this position leads directly to the conclusion that, if the people 
are forced to pay their money into the public fund and it is spent by their servants 
and agents for purposes in which the people as tax-payers have no interest, the 
exaction of such taxes from them is oppressive and unjust. 

' ' I cannot rid myself of the idea that this city government, in relation to the 
tax-payers, is a business establishment, and that it is put in our hands to be con- 
ducted on business principles. 

' ' This theory does not admit of our donating the public funds in the manner 
contemplated by the action or your honorable body. 

" I deem it my duty, therefore, to return both of the resolutions herein referred 
to, without my approval." 

In support of his message Mayor Cleveland headed a subscription for the pur- 
pose with a liberal sum, and, with a hearty co-operation of citizens approving his 
action, the desired fund was raised promptly without resort to public moneys. 

This veto and contribution by Mayor Cleveland elicited universal approval, the 
leading Republican journal {The Buffalo Express), saying: 

A whole volume of sound sense and just principles of municipal government 
will be found condensed in a brief veto sent to the council yesterday by Mayor 
Cleveland. It is refreshing to read the message. Appropriations of the public funds 
must not be made except in accordance with law. Safeguards provided by the 
Constitution and the charter must be respected. The money raised by taxation 
must not be diverted from its legitimate objects. However worthy the sentiment 
recognized in any misappropriation, justice, not generosity must prevail. When 
the council wrongfully votes away the people's money there is no credit in the act, 
because the money, having been extorted from the people, is not a free gift from 
that body. The city government is a business establishment, and must be con- 
ducted on business principles. All these golden rules are laid down in disap- 
proving a vote of $500 for Decoration Day — a small sum for a worthy object ; but. 
as the Mayor shows, it is not for the amount of the appropriation nor the merit of 
it, but the principle involved, which must be considered. Private bpunty ought 
to be equal to such a call ; and then to prove that he thinks so, Mr. Cleveland 



46 PUBLIC RECORD OF GROVER CLEVELAND. 

privately contributes one-tenth of the whole sum needed, thus supplementing 
excellent principle by liberal example. 

A Famous Utterance. 

The most famous of his utterances upon this subject, and that in knowledge of 
which a few months later he was nominated and elected to be Governor of New 
York, was his celebrated check upon an extravagant contract for cleaning the 
streets of Buffalo, which was as follows : 

"Buffalo, June 26, 1882. 

" I return without my approval the resolution of your honorable body, passed 
at its last meeting, awarding the contracts for cleaning the paved streets and alleys 
of the city for the ensuing five years to at his bid of four hundred and twenty- 
two thousand and five hundred dollars. 

" The bid thus accepted by your honorable body is more than one hundred 
thousand dollars higher than that of another perfectly responsible party for the 
same work ; and a worse and more suspicious feature in this transaction is that the 

bid now accepted is fifty thousand dollars more than that made by himself 

within a very few weeks, openly and publicly to your honorable body, for 
performing precisely the same services. This latter circumstance is to my mind 
the manifestation on the part of the contractor of a reliance upon the forbearance 
and generosity of your honorable body, which would be more creditable if it were 
less expensive to the tax-payers. 

' ' I am not aware that any excuse is offered for the acceptance of this proposal, 
thus increased, except the very flimsy one that the lower bidders cannot afford to 
do the work for the sums they name. 

"This extreme tenderness and consideration for those who desire to contract 
with the city, and this touching and paternal solicitude lest they should be improvi- 
dently led into a bad bargain is, I am sure, an exception to general business rales, 
and seems to have no place in this selfish, sordid world, except as found in the 
administration of municipal affairs. 

' ' The charter of your city requires that the Mayor, when he disapproves any 
resolution of your honorable body, shall return the same with his objections. 

" This is a time for plain speech, and my objection to the action of your honor- 
able body now under consideration shall be plainly stated. I withhold my assent 
from the same, because I regard it as the culmination of a most barefaced, impu- 
dent and shameless scheme to betray the interests of the people and to worse than 
squander the public money. 

' ' I will not be misunderstood in this matter. There are those whose votes 
were given for this resolution whom I cannot and will not suspect of a willful neg- 
lect of the interests they are sworn to protect ; but it has been fully demonstrated 
that there are influences, both in and about your honorable body, which it behooves 
every honest man to watch and avoid with the greatest care. 

" When cool judgment rules the hour, the people will, I hope and believe, have 
no reason to complain of the action of your honorable body. But clumsy appeals 
to prejudice or passion, insinuations, with a kind of low, cheap cunning, as to the 
motives and purposes of others, and the mock heroism of brazen effrontery which 
openly declares that a wholesome public sentiment is to be set at naught, some- 
timesdeceives and leads honest men to aid in the consummation of schemes which, 
if exposed, they would look upon with abhorrence. 

' ' If the scandal in connection with the street-cleaning contract, which has so 
aroused our citizens, shall cause them to select and watch with more care those to 
whom they intrust their interests, and if it serves to make all of us who are charged 
with official duties more careful in their performance, it will not be an unmitigated 
evil. 

' ' We are fast gaining positions in the grades of public stewardship. There is 
no middle ground. Those who are not for the people either in or out of your 
honorable body are against them, and should be treated accordingly. 

" GEOYER CLEVELAND, 

"Mayor." 

In view of such expressions and actions as these, the leading Republican news- 
paper of Buffalo, now supporting the Republican ticket, was led to say upon the 



PUBLIC RECORD OF GROVER CLEVELAND. 47 

day succeeding Governor Cleveland's resignation as Mayor, that ' ' yesterday Buf- 
falo lost the best Mayor she ever had." 

Elected upon this record to the high office of Governor, public expectation 
demanded of him as Governor a continuance of his course as Mayor. This senti- 
ment, everywhere felt, was enthusiastically expressed by the Hon. Roswell P. 
Flower, upon the night of the election of 1882, when, in public speech, he said : 

" This victory is the voice of the people speaking in thunder tones. What 
does it mean ? * * * It says to Grover Cleveland : ' We will inaugurate you ; 
we expect you to faithfully carry out the platform of your party. If you give us 
the strict accountability of officials ; pure civil service ; purity of elections ; if 
you use your office as you would a private trust, and the moneys as trust funds ; 
if you faithfully perform your duty, we, the people, may put you in the presi- 
dential chair.' " 

In administration of this high office, Governor Cleveland has come fully up to 
the line marked out for him, and has fitly continued the course commenced at 
Buffalo. 

Outlir\ir\g his Policy as Governor. 

His first message to the Legislature concluded in these words : 
' ' Let us enter upon the discharge of our duties, fully appreciating our relations 
to the people, and determined to serve them faithfully and well. This involves a 
jealous watch of the public funds, and a refusal to sanction their appropriation 
except for public needs. To this end all unnecessary offices should be abolished, 
and all employment of doubtful benefit discontinued. If to this we add the en- 
actment of such wise and well considered laws as will meet the varied wants of 
our fellow-citizens and increase their prosperity, we shall merit and receive the 
approval of those whose representatives we are, and with the consciousness of 
duty well performed, shall leave our impress for good on the legislation of the 
State." 

Within a few weeks after this he was called upon to consider again almost the 
same question as that treated in his veto message of the Decoration Day appropria- 
tion in Buffalo in 1882. That message, which had been widely published, pre- 
ceded his election as Governor by an unparalleled majority. His established posi- 
tion, thus accepted and approved by the people, could not be abandoned simply 
because he had entered a new sphere of action. Chosen because esteemed capable 
to strictly administer the laws, he could not, even upon the inspiration of a patri- 
otic sentiment, desert the principle of rigid application of public funds to gover- 
mental purposes, and he therefore hewed straight to the line of strict accountability 
already marked out by him and for him, and sent to the Assembly the following 
communication : 

" State op New York, Executive Chamber, ) 
" Albany, February 12, 1883. j 

" To the Assembly : 

" Assembly bill No. 88. entitled l An act authorizing the Board of Supervisors 
of Chautauqua county to appropriate money for the purchase of lands upon which 
to erect a soldiers' and sailors' monument," is herewith returned without approval. 
" It is not an agreeable duty to refuse to give sanction to the appropriation of 
money for such a worthy and patriotic object ; but I cannot forget that the money 
proposed to be appropriated is public money to be raised by taxation, and that all 
that justifies its exaction from the people is the necessity of its use for purposes 
connected with the safety and substantial welfare of the tax-payers. 

' ' The application of this principle furnishes, I think, a sufficient reason why 
this bill should not be approved. 

" I am of the opinion, too, that the appropriation of this money by the Board 
of Supervisors would constitute the incurring of an indebtedness by the County to 
be thereafter met by taxation. If this be true, the proposed legislation is forbidden 
by section eleven of article eight of the Constitution, which provides that no 



43 PUBLIC RECORD OF GROVER CLEVELAND. 

countv, city, town or village shall be allowed to incur any indebtedness except for 
county' city, town or village purposes. 

" Before this prohibition became a part of the Constitution, a statute was passed 
permitting monuments to be erected to fallen soldiers at the expense of the inhabi- 
tants of the county within which they were located ; but the expenditure of money 
raised by taxation for such a purpose was only allowed when especially sanctioned 
by the vote of a majority of all the electors of the county. In the bill under con- 
sideration the taxpayers are not permitted to be heard on the subject. 

"It is thus evident that the legislation proposed guards less the rights and 
interests of the people than the statute passed before the Constitutional amendment 
prohibited all enactments of this description. 

" I may, perhaps, be permitted to express the hope that a due regard to funda- 
mental principles and a strict adherence to the letter and spirit of the Constitution, 
which furnish the limit as well as the guide to legislation, will prevent the passage 
of bills of this nature in the future. " 

Within a week, however, the Governor was obliged to veto, as violative of the 
same principle, a bill to authorize certain towns in Jefferson and St. Lawrence 
counties to relieve their railroad stocks from existing liens. Certain stock of the 
Black River and Morristown Railroad Company being held by certain towns, it 
was the design of the bill (as stated to and by the Governor), 

" To use the money which under its provisions is to be raised by tax to pay 
certain indebtedness of the said railroad company, in the expectation that thereby 
a consolidation of its road with the Utica and Black River Railroad may be 
effected. By this means it is hoped that the stock in the Black River and Morris- 
town Railroad Company, to which the towns mentioned have subscribed, may be 
made more valuable. 

"lam of the opinion, that the bill if approved, would not justify such an 
expenditure of the money proposed to be raised. 

" In this view, the legislation sought would be of no avail. 

" If the bill does permit such an application of public funds, it seems to be in 
direct contravention of the Constitution, which provides that no town shall give 
any money or property, or loan its money or credit, to or in aid of any individual, 
association or corporation." 

Zealous Watchfulness. 
His zealous watchfulness over the public funds has been not merely in respect 
of mone} T s or property already acquired, but has served to secure and preserve 
rights of the State to receive money, as in the case of his veto of the bill to authorize 
a compromise with the sureties of a defaulting debtor to the State. In that message 
he said as follows : 

' ' The persons who seek to be relieved under this bill signed a bond to the State 
for the safe keeping and repayment on demand of certain moneys deposited in 
behalf of the State in the First National Bank of Buffalo. 

" The bank has failed and is unable to refund the State's deposits. The securi- 
ties in the bond have thus become liable to pay the money, and I can see no 
reason why they should be relieved. 

" I am willing to do what I can to check the growing impression that contracts 
with the State will not be insisted upon or may be evaded. The money deposited 
with the bank was public money belonging to the people, and I regard it the duty 
of all having the care of State affairs to see to it that no part is lost by an improper 
indulgence to those who have agreed that it should be safely kept." 

Similarly he vetoed a bill to authorize the Comptroller to sell a judgment 
obtained by loan commissioners. He said : 

"This bill originates in the desire of a certain judgment creditor, to procure the 
judgment owned by the State, to aid him in the collection of his debt. If the 
judgment is of value, there seems to be no good reason why it should not be 
enforced for the benefit of the State in the ordinary way. 

' ' I have full faith in the care and caution of the Comptroller ; but there is no 
guaranty that, if this bill becomes a law, a sum will be offered for which the judg- 
ment should be transferred, in which case its enactment will be useless. 



PUBLIC RECORD OF GROVER CLEVELAND. 49 

" If it is thought best to dispose of this judgment, there should be a sum fixed 
in the bill based upon an offer made, upon the payment of which an assignment 
of the same should be directed." 

If to any, it may seem that such matters are unimportant, the answer is that 
by allowing no objectionable provision to escape attention and disapproval has- 
Governor Cleveland established the reputation which deters attempts under any 
guise upon the public treasury for private ends. 

In the supply bill for 1883, Governor Cleveland found twenty-seven items,, 
aggregating $250,704.36, which he vetoed under the application of his principle to 
appropriate public money for necessary public purposes only. 

In his second year as Governor his course has been maintained upon the high 
level on which he set out; though in consequence of his first year's record upon 
this point he has less frequently been called upon to enforce his views upon legis- 
lative attention. It is not necessary here to reproduce his second series of papers 
concerning this subject. Their key-note has always been the same : expenditures 
of public moneys must be restricted to the purposes of government. 



Taxation, 

Closely connected with his declarations as to public expenditure may be con* 
sidered his views as to public taxation. 

In his first annual message, he said: 

"The imperfection of our laws touching the matter of taxation, or the faulty 
execution of existing statutes on the subject, is glaringly apparent. 

"The power of the State to exact from the citizen a part of his earnings and 
income for the support of the Government, it is obvious should be executed with 
absolute fairness and justice. When it is not so exercised, the people are 
oppressed. This furnishes the highest and the best reason why laws should be 
enacted and executed which will subject all property, as all alike need the protection 
of the State, to an equal share in the burdens of taxation, by means of which the 
Government is maintained." 

And in his second year, greatly amplifying the treatment of this subject, he' 
thus expressed himself : 

" The subject of taxation still remains a vexed question ; and the injustice and 
discrimination apparent in our laws on this subject, as well as the methods of 
their execution, call loudly for relief. There is no object so worthy of the care 
and attention of the Legislature as this. Strict economy in the management of 
State affairs, by their agents, should furnish the people a good government at the 
least possible cost. This is common honesty. But to see to it that this cost is 
fairly and justly distributed and the burden equally borne bv those who have no 
peaceful redress if the State is unjust, is the best attribute of sovereignty and the 
highest duty to the citizen. The recognition of this duty characterizes a benefi- 
cent government, but its repudiation marks the oppression of tyrannical power. 
The taxpayer need not wait till his burden is greater than he can bear for just 
cause of complaint. However small his tax, he may reasonably protest, if it 
represents more than his share of the public burden, and the State neglects all 
efforts to apply a remedy. 

' ' The tendency of our prosperity is in the direction of the accumulation of 
immense fortunes, largely invested in personal property ; and yet its aggregate valu- 
ation, as fixed for the purpose of taxation, is constantly decreased, while that of 
real estate is increased. For the year 1882 the valuation of personal property sub- 
ject to taxation was determined at $351,021,189, and real estate at $2,432,661,379. 
In 1883 the assessed valuation of personal property was fixed at $315,039,085, and 
real estate $2,557,218,240. 

" The present law permits, in the case of personal property, the indebtedness 
of its possessor to be deducted from its value, and allows no such deduction in favor 
of real estate, though it be represented by a mortgage which is a specific lien upon 

4 



50 PUBLIC RECORD OF GROVER CLEVELAND. 

such real estate. Personal property, in need more than any other of the protection 
of the government, when discovered, escapes taxation to the extent of its 
owners' indebtedness, though such indebtedness is based upon the ordinary credit 
in the transaction of business, or is fictitious and manufactured for the temporary 
purpose of evading taxation. But real property, the existence of which cannot be 
concealed, is, in contemplation of the law, taxed according to its full valuation, 
though the incumbrance upon it easily divests the owner of his title, though the 
interest and perhaps part of the principal must, as well as the tax, annually be 
met, and though if sold the amount due upon this lien must always be deducted 
from any sum agreed upon as the price of the land. 

" This statement does not necessarily lead to a deduction of the amount of any 
incumbrance upon real estate from its valuation for the purpose of taxation ; but 
it does suggest that both real and personal property should be placed upon the same 
footing, by abolishing, in all cases, any deduction for debts. This amendment, 
with some others regulating the manner in which local assessors should perform 
their duties, would do much towards ridding our present system of its imperfections. 

" If measures more radical in their nature, having for their object the exaction 
of taxes which are justly due, should be deemed wise, I hope their passage will not 
be prevented under the specious pretext that the means proposed are inquisitorial 
and contrary to the spirit of our institutions. The object is to preserve the honor 
of the State in its dealing with the citizen, to prevent the rich, by shirking taxation, 
from adding to the burdens of the poor, and to relieve the landholder from unjust 
discrimination. The spirit of our institutions dictates that this endeavor should be 
pursued in a manner free from all demagogism, but with the determination to use 
every necessary means to accomplish the result." 

And, viewing the position of New York in the midst of her sister States, he 
concluded : 

' ' The State of New York largely represents within her borders the development 
of every interest which makes a nation great. Proud of her place as leader in the 
community of States, she fully appreciates her intimate relations to the prosperity 
of the country ; and justly realizing the responsibility of her position, she recognizes, 
in her policy and her laws, as of first importance, the freedom of commerce from 
all unnecessary restrictions. Her citizens have assumed the burden of maintaining 
at their own cost and free to commerce, the waterway which they have built, and 
through which the products of the great West are transported to the seaboard. At 
the suggestion of danger she hastens to save her northern forests, and thus preserve 
to commerce her canals and vessel-laden rivers. The State has become responsible 
for a bureau of immigration, which cares for those who Seek our shores from other 
lands, adding to the nation's population and hastening to the development of its 
vast domain ; while at the country's gateway a quarantine, established by the State, 
protects the nation's health. 

■' Surely this great commonwealth, committed fully to the interests of commerce 
and all that adds to the country's prosperity, may well inquire how her efforts and 
sacrifices have been answered ; and she, of all the States, may urge that the interests 
thus by her protected, should, by the greater government administered for all, be 
fostered for the benefit of the American people. 

' ' Fifty years ago a most distinguished foreigner, who visited this country and 
studied its condition and prospects, wrote : 

" When I contemplate the ardor with which the Americans prosecute commerce, 
the advantages which aid them, and the success of their undertakings, I cannot 
help believing that they will one day become the first maritime power of the globe. 
They are bound to rule the seas as the Komans were to conquer the world. * * * 
The Americans themselves now transport to their own shores nine-tenths of the 
European produce which they consume, and they also bring three-fourths of the 
exports of the New World to the European consumers. The ships of the United 
States fill the docks of Havre and Liverpool, whilst the number of English and 
French vessels which are to be seen at New York is comparatively small. 

"We turn to the actual results reached since these words were written, with 
disappointment. 

Jf "In 1840 American vessels carried eighty-two and nine-tenths per cent, of all 
our exports and imports ; in 1850, seventy-two and five-tenths ; in 1860, sixty-six 
and five-tenths ; in 1870, thirty-five and six-tenths ; in 1880, seventeen and four- 
tenths ; in 1882, fifteen and five-tenths. 



PUBLIC RECORD OF GROVER CLEVELAND. 51 

" The citizen of New York, looking beyond his State, and all her efforts in the 
interest of commerce and national growth, will naturally inquire concerning the 
causes of this decadence of American shipping. 

"While he sternly demands of his own government the exact limitation of 
taxation by the needs of the State, he will challenge the policy that accumulates 
millions of useless and unnecessary surplus in the national treasury, which has 
"been not less a tax because it was indirectly and surely added to the cost of the 
people's life. 

•' Let us anticipate a time when care for the people's needs, as they actually 
arise, and the application of remedies, as wrongs appear, shall lead in the conduct 
of national affairs ; and let us undertake the business of legislation with the full 
determination that these principles shall guide us in the performance of our duties 
as guardians of the interests of the State." 

To the people of the Nation not less than of the State do these wise and 
patriotic words give assurance to the liberal and statesmanlike views of Grover 
Cleveland, fitted by native character and study to administer the highest public 
office. 



Reform Legislation for New York City. 

Reform in the administration of the government of New York City has been 
the subject of agitation for many years. Indeed, tinkering with the charters of 
the great cities of the State, either in the interest of or against their citizens, has 
occupied the time principally of successive sessions of the Legislature. But it 
"was not until the session of 1884 that any well-considered scheme which went to 
the root of the evil was presented. To the furtherance of these measures Governor 
Cleveland gave all the aid he could, and most of them to-day are laws of the 
State, and those which are not — two — are not so only because they were so 
carelessly drafted that they defeated in themselves the purposes they sought to 
accomplish. 

Reform Bills. 

These bills are : . 

The bill entitled " An act to centre responsibility in the municipal government 
of the city of New York." 

The bill entitled ' ' An act in relation to the office of the clerk of the city and 
county of New York." 

The bill entitled ' ' An act in relation to the office of Surrogate of the county 
of New York." 

The bill entitled " An action in relation to the office of the Register of the city 
and county of New York." 

The bill entitled " An act to regulate and provide for certain expenses of con- 
ducting the office of sheriff of the city and county of New York. " 

The bill entitled "An act to provide for a more efficient government for the 
departments of Parks in the city of New York ;" and 

The bill entitled "An act to fix and regulate the terms of office of certain 
public officers in the city of New York," more commonly known as the " Tenure 
■of Office Bill." 

This list embraces all of the bills known as the "New York Reform Bills "— 
seven in all, five of which were signed and two not approved, for reasons which 
will be given hereafter. 



52 PUBLIC RECORD OF GROVER CLEVELAND. 

The Mayor's Bill. 

The first of these bills is the one known variously as the " Mayor's," the 
" Aldermanic," or the " Mayoralty responsibility bill." It is as follows : 

AN ACT to centre responsibility in the Municipal Government of the City of 

New York. 

The People of the State of New York, represented in Senate and Assembly, do enact 
as follows : 

Section 1. All appointments to office in the City of New York, and made by 
the Mayor and confirmed by the Board of Aldermen, shall hereafter be made by 
the Mayor without such confirmation. 

§ 2. This act shall take effect January 1, 1885. 

The bill was promptly signed by the Governor, who filed with it the following 
reasons for his act : 

Accompanying the Signing of the Mayor's Bill. 

"Executive Chamber, Albany, March 17, 1884. 

■ ' The interest which has been aroused regarding the merits of this bill, and 
quite a determined hostility which has been developed on the part of those 
entitled to respectful consideration, appear to justify a brief reference to the prin- 
ciples and purposes which seem to me to be involved in the measure, and an inci- 
dental statement of the process of thought by which I have been led to approve 
the same. 

" The opponents of the bill have invoked the inviolability of the right of the 
people to rule themselves, and have insisted upon the preservation of a wise 
distribution of power among the different branches of government; and I have 
listened to solemn warning against the subversive tendency of the concentration 
of power in municipal rule, and the destructive consequences of any encroachment 
upon the people's rights and prerogatives. 

" I hope I have not entirely misconceived the scope and reach of this bill; but 
it seems to me that my determination as to whether or not it should become a law 
does not depend upon the reverence I entertain for such fundamental principles. 

"The question is not whether certain officers heretofore elected by the people 
of the City of New York shall, under the provisions of a new law, be appointed. 
The transfer of power from an election by the people to an appointment by other 
authority, has already been made. 

' ' The present charter of the city provides that the mayor ■ shall nominate, and 
by and with the consent of the board of aldermen appoint the heads of depart- 
ments. ' 

" The bill under consideration provides that after the 1st day of January, 1885, 
' all appointments to office in the City of New York now made by the mayor and 
confirmed by the board ef aldermen shall be made by the mayor without such 
onfirmation.' 

"The change proposed is clearly apparent. 

"By the present charter the mayor, elected by all the people of the city, if a 
majority of twenty-four aldermen elected by the voters of twenty-four separate 
districts concur with him, may appoint the administrative officers who shall have 
charge and management of the city departments. 

"The bill presented for my action allows the mayor alone to appoint these 
officers. This authority is not conferred upon the mayor now in office, who was 
chosen without anticipation on the part of the people who elected him, that he 
should exercise this power, but upon the incoming mayor who, after the passage 
of the act, shall be elected with the full knowledge on the part of the people, at 
the time they cast their votes, that they are constituting an agent to act for them 
in the selec ion of certain other city officers. 

' ' This selection under either statute is delegated by the people. In the one 
case it is exercised by the chief executive acting with twenty -four officers repre- 
senting as many different sections of the municipality ; in the other by the chief 
executive alone. 

"I cannot see that any principle of democratic rule is more violated in the one 
case than in the other, ft appears to be a mere change of instrumentalities. 



PUBLIC RECORD OF GROVER CLEVELAND. 53 

" It will hardly do to say that because the aldermen are elected annually, and 
the mayor every two years, that the former are nearer the people and more especi- 
ally their representatives. The difference in their terms is not sufficient to make a 
distinction in their direct relations to the citizen. 

' ' Nor are the rights of the people to self government in theory and principle 
better protected when the power of appointment is vested in twenty-five men, 
twenty-four of whom are responsible only to their constituents in their respective 
districts, than when this power is put in the hands of one man elected by all the 
people of the municipality with particular reference to the exercise of such power. 
Indeed, in the present condition of affairs, if disagreement arises between the mayor 
and the aldermen, the selection of officers by the representative of all the people 
might be defeated by the adverse action of thirteen representatives of thirteen 
aldermanic districts. And it is perfectly apparent that these thirteen might, and 
often would, represent a decided minority of the people of the municipality. 

" It cannot be claimed that an arrangement which permits such a result is pre- 
eminently democratic. 

' ' It has been urged that the proposed change is opposed to the principle of 
home rule. If it is intended to claim that the officers, the creation of which is 
provided for, should be elected, it has no relevancy ; for that question is not in 
any manner presented for my determination. And it surely cannot be said that 
the doctrine of home rule prevents any change by the Legislature of the organic 
law of municipalities. The people of the city cannot themselves make such 
change ; and if legislative aid cannot be invoked to that end, it follows that abuses, 
flagrant and increasing, must be continued, and existing charter provisions, the 
inadequacy of which for the protection and prosperity of the people is freely ad- 
mitted, must be perpetuated. It is the interference of the Legislature with the 
administration of municipal government, by agencies arbitrarily created by legis- 
lative enactment, and the assumption by the law-making power of the State, of 
the rights to regulate such details of city government as are or should be under 
the supervision of local authorities, that should be condemned as a violation of the 
doctrine of home rule. 

' ' In any event I am convinced that I should not disapprove the bill before me 
on the ground that it violates any principle which is now recognized and exempli- 
fied in the government of the City of New York. 

" I am also satisfied that as between the system now prevailing and that pro- 
posed, expediency and a close regard to improved municipal administration lead to 
my approval of the measure. 

" If the chief executive of the city is to be held responsible for its order and 
good government, he should not be hampered by any interference with his selec- 
tion of subordinate administrative officers ; nor should he be permitted to find in a 
divided responsibility an excuse for any neglect of the best interests of the people. 

' ' The plea should never be heard that a bad nomination had been made be- 
cause it was the only one that could secure confirmation. 

" No instance has been cited in which a bad appointment has been prevented 
by the refusal of the Board of Aldermen of the City of New York to confirm a 
nomination. 

" An absolute and undivided responsibility on the part of the appointing power 
accords with correct business principles, the application of which to public affairs 
will always, I believe, direct the way to good administration and the protection of 
the people's interests. 

' ' The intelligence and watchfulness of the citizens of New York should cer- 
tainly furnish a safe guaranty that the duties and powers devolved by this legisla- 
tion upon their chosen representative, will be well and wisely bestowed ; and if 
they err or are betrayed, their remedy is close at hand. 

' ' I can hardly realize the unprincipled boldness of the man who would accept 
at the hands of his neighbors this sacred trust, and standing alone in the full light 
of public observation, should willfully prostitute his powers and defy the will of the 
people. 

" To say that such a man could by such means perpetuate his wicked rule, con- 
cedes either that the people are vile or that self-government is a deplorable failure. 

" It is claimed that because some of these appointees become members of the 
Board of Estimate and Apportionment, which determines very largely the amount 
of taxation, therefore the power to select them should not be given to the mayor. 
If the question presented was whether officials having such important duties and 



54 PUBLIC RECORD OF GROVER CLEVELAND. 

functions should be elected by the people or appointed, such a consideration 
might well be urged in favor of their election. But they are now appointed, and 
they will remain appointed whether the proposed bill should be rejected or ap- 
proved. This being the situation, the importance of the duties to be performed by 
these officials has to do with the care to be exercised in their selection, rather 
than the choice between the two modes of appointment which are under considera- 
tion. 

" For some time prior to the year 1872, these appointments were made by the 
mayor without confirmation, as is contemplated by the bill now before me. In 
that year a measure passed the Legislature giving the power of appointment to 
the common council. The chief executive of the State at that time was a careful 
and thorough student of municipal affairs, having large and varied experience in 
public life. He refused to approve the bill, on the ground that it was a 
departure from the principle which should be applied to the administration of the 
affairs of the city, and for the reason that the mayor should be permitted to ap- 
point the subordinate administrative officers without the interference of any other 
authority. 

"This reference to the treatment of the subject by one of my distinguished pre- 
decessors in office, affords me the opportunity to quote from his able and vigorous 
veto message which he sent to the Legislature on that occasion. He said : 

4 ' ' Nowhere on this continent is it so essentially a condition of good government 
as in the city of New York, that the chief executive officer should be clothed 
with ample powers, have full control over subordinate administrative departments, 
and so be subject to an undivided responsibility to the people and to public 
opinion for all errors, short comings and wrong doings by subordinate officers.' 

"He also said : 

" ' Give to the city a chief executive, with full power to appoint all heads of 
administrative departments. Let him have power to remove his subordinates, 
being required to publicly assign his reason.' 
" He further declared : 

' ' ' The members of the common council in New York, will exert all the 
influence over appointments which is consistent with the public good, without hav- 
ing the legal power of appointment, or any part of it, vested in their hands.' 

"In 1876, after four added years of reflection and observation, he said, in a 
public address, when suggesting a scheme of municipal government : 

" ' Have, therefore, no provision in your charter requiring the consent of the 
common council to the mayor's appointments of heads of departments ; that only- 
opens the way for dictation by the council or for bargains. This is not the way to 
get good men nor to fix the full responsibility for mal-administration upon the 
people's chosen prime minister.' 

" These are the utterances of one who, during two terms had been mayor of 
the city of New York and for two terms recorder of that city ; and who for four 
years had been Governor of the State. 

"No testimony, it seems to me, could be more satisfactory and convincing. 

" It is objected that this bill does not go far enough, and that there should be 
a rearrangement of the terms of these officers ; also that some of them should be 
made ( elective. This is undoubtedly true ; and I shall be glad to approve further 
judicious legislation supplementary to this, which will make the change more 
valuable and surround it with safeguards in the interests of the citizens. But such 
further legislation should be well digested and conservative, and, above all, not 
proposed for the purpose of gaining a mere partisan advantage. 

' '. I have not referred to the pernicious practices which the present mode of 
making appointments in the city of New York engenders, nor in the constantly 
recurrring bad results for which it is responsible. They are in the plain sight of 
every citizen of the State. 

" I believe the change made by the provisions of this bill gives opportunity for 
an improvement in the administration of municipal affairs ; and I am satisfied 
that the measure violates no right of the people of the locality affected, which they 
now enjoy. But the best opportunities will be lost and the most perfect plan of 
city government will fail, unless the people recognize their responsibilities and 
appreciate and realize the privileges and duties of citizenship. With the most 
carefully devised charter, and with all the protection which legislative enactments 



PUBLIC RECORD OF GROVER CLEVELAND. 55 

can afford them, the people of the city of New York will not secure a wise and 
economical rule until those having the most at stake determine to actively interest 
themselves in the conduct of municipal affairs. 

"GROVER CLEVELAND." 

The County Clerk's Bill. 

The County Clerk's bill (chap. 299 Laws of 1884) is one the object of which 
can be stated in a few words. It provides : 

1. That hereafter, in lieu of the fees received by the county clerk estimated as 
high as $100,000 per year by some, the county clerk shall receive a salary of 
$15,000 per year. 

2. That all fees heretofore collected under authority of law for the county 
clerk shall be accounted for and paid monthly into the treasury of the City and 
County of New York. 

3. It fixes the amount of fees that shall be collected ; and 

4. Provides safeguards and penalties for the proper transaction of business. 
This bill the Governor signed promptly. 

The Sheriff's Bill. 

The Sheriff's bill, the terms of which have in some quarters been a matter of 
dispute and discussion, is presented in full. 

Chap. 297. 

An act to regulate and provide the certain expenses of conducting the office of 

sheriff of the City and County of New York. 

Passed May 14, 1884 ; three-fifths being present. 

The People of the State. of New York, represented in Senate and Assembly , do 
enact as follows : 

Section 1. After the passage of this act the Board of Aldermen of the City 
of New York shall cease to have or exercise any powers in regard to regulating, 
establishing or providing for the compensation to be paid to the Sheriff of the City 
and County of New York for the performance of any duties now or hereafter 
imposed by law upon said Sheriff. 

§ 2. Within thirty days from the first day of November, eighteen hundred and 
eighty -four, and thereafter yearly within the same period, the sheriff of the city 
and county of New York shall present to the board of estimate and apportion- 
ment of said city an estimate in writing of the amounts which he deems necessary 
for defraying during the ensuing year those objects of expenditure connected with his 
said office, which are by law made a charge upon said city and county. The yearly 
estimate so presented by the said sheriff shall specify the aggregate of per capita 
amounts which he deems necessary to compensate him for filing returns of crim- 
inal convictions according to law with the secretary of state ; for conveying pris- 
oners from the city prison to the penitentiary, to the house of refuge, and to the 
courts of oyer and terminer and general sessions and back to prison from said 
courts ; for the support of prisoners confined in the county jail, whether criminal 
or civil prisoners ; for summoning jurors according to law ; for the attendance of 
himself and his deputies at the execution of criminals, and all other expenses con- 
nected therewith, and prior to execution ; and the said estimate shall specify in 
detail all other objects of expenditure connected with said office chargeable as 
aforesaid to said city and county, with the amounts which the said sheriff deems 
necessary for defraying the same. 

§ 3. The said board of estimate and apportionment shall, in making their pro- 
visional and final estimates of the amounts requisite to meet the expenses of con- 
ducting the public business of the city and county of New York, consider the 
yearly estimate presented by said sheriff, and shall provide for the various objects 
of expenditure in said yearly estimate specified, such sums or fix such rates of 
payment therefor as in the judgment of said board of estimate and apportionment 
may deem necessary and sufficient. No expense chargeable to said city and 



56 PUBLIC RECORD OF GROVER CLEVELAND. 

county shall be incurred by said sheriff in excess of the amounts appropriated or 
rates fixed therefor by said board. 

§ 4. All acts or parts of acts authorizing the board of Aldermen of the city of 
New York, as such board, or as the board of supervisors of the county of New 
York, to contract with the sheriff of said city and county for the performance of 
any services for said city and county, or to compensate said sheriff for any services 
performed by him, so far as such acts or parts of acts do grant such authority, 
and all acts or parts of acts inconsistent with the provisions of this act are hereby 
repealed. 

§ 5. This act shall take effect immediately. 

This bill the G-overnor also signed at once. 

The County Register's Bill. 

The Register's bill provided : 

1. That in lieu of the fees now received by the Register, he should have a 
salary of $12,000 per year, and 

2. Regulated the fees to be charged and provided for proper turning over to 
the treasury of the city and county. 

The Surrogate's Bill. 
The Surrogate's bill provided : 

1. That the office and all its appointments should be removed from the control 
of the Board of Aldermen. 

2. Giving the absolute control to the Surrogate. 

3. Fixing the fees to be charged in office of Surrogate, and 

4. Providing that such fees as shall be charged be turned over monthly to the 
treasury of the county ; and 

5. Cutting down largely fees heretofore charged. 

These bills, when the Governor came to examine, were in such shape that he 
could not sign them, their defects defeating their purpose. Fortunately they had 
been received in the Executive Chamber while the Legislature was yet in session, 
when they could yet be recalled, and when their defects could be remedied. 

Consequently, the Governor addressed a message to the Assembly, where the 
bills originated, asking their recall and amendment, as follows : 

Endeavoring to Correct Errors. 

"Executive Chamber, Albany, May 12, 1884, 
"To the Assembly : 

" I have examined Assembly bill No. 466, entitled * An act in relation to the 
office of register of the city and county of New York,' and the Assembly bill No. 
467, entitled ' An act in relation to the office of surrogate of the county of New 
York,' and I am of the opinion that both of them should be recalled for amend- 
ment. I am led to make this suggestion for the reason that these bills belong to 
a class of remedial measures of great importance, and from the enactment of 
which valuable reforms are anticipated. It is manifest that their good effect should 
not be jeopardized or diminished by imperfection in their form or by the omission 
of any provisions which tend to make them complete and effective. 

" In the bill relating to the office of Register, subdivision 16 of section 4 appears 
to be unintelligible. The language is as follows : ' Every certificate other than 
that a paper for the copying of which he is entitled to a fee is a copy, twenty-five 
cents.' 

" I suppose the intention may be expressed in the following words : 

"'Every certificate other than to a paper, for the copying of which he is 
entitled to a fee, twenty-five cents.' 

■ ' Section five of the act provides for the giving of a bond for the faithful dis- 
charge of his duties by ' The register appointed or elected as successor to the 
present incumbent of that office in the city and county of New York. ' 



PUBLIC RECORD OF GROVER CLEVELAND. 57 

"Of course this should be made to apply to all registers hereafter elected or 
appointed. 

" Section ten, in relation to the keeping of accounts, is in the same form, and 
appears to need the same amendment. 

•' ' In line nine of section five the word ' clerk ' by mistake used instead of 
s register ' is quite an important provision. 

** Sections ten and eleven both require a statement showing, among other things, 
' the fees, perquisites and emoluments which the register or his assistants shall be 
entitled to demand from any person for services rendered in his or their official 
capacity.' There should. I think, be no such provision in the law ; but, on the con- 
trary, it should contain a positive direction to the register that he should give no 
credit to any person for fees, or that he should receive the same in advance and 
be responsible to the city and county for all fees earned by him. 

" The plan of this bill is to pay to the register a salary, and have the fees of the 
office turned into the treasury of the city and county. This officer, thus assured 
of his salary, will have no personal interest in collecting the fees of his office ; and 
the city should be protected against an accumulation of very doubtful assets com- 
prising numerous accounts against attorneys for register's fees. 

" Bill No. 467, relating to the office of surrogate, provides in its sixth section, 
that after the passage of this act ' the surrogate, the assistant to said surrogate, or 
other clerks, employees or subordinates in or attached to the office or court of sur- 
gate, shall not charge or receive to Ms or tlieir own use and benefits or otherwise than 
for the benefits of said county, any fees, perquisites or emoluments for any services 
rendered by him or them by virtue of his or their official positions, except as pro- 
vided in subdivision one of section seven of this act. 

' ' Section seven provides that no fees, perquisites or emoluments shall be charged 
or received by the surrogate, or any of his assistants or subordinates, except as 
therein specified. 

" Then follows subdivision one, which is referred to in section six, as fixing the 
fees that may be charged and received to their own use by the surrogate, and his 
assistants and subordinates, which is in the following words : 

" 1. "When in a case prescribed by law, or in any other case, upon the applica- 
tion of a party, he goes to a place other than his office, or the court-room where he 
is required to hold court, in order to take testimony, he may charge and receive to 
his own use, ten cents for each mile for going and the same for returning. " 

" This is the exact language of subdivision one of section 2566 of the Code of 
Civil Procedure. But by that section the mileage allowed is confined to the surro- 
gate alone, and not to any assistants or subordinates. It was evidently intended 
to apply to counties embracing a large area, and to cases when the surrogate might 
be called upon to travel a considerable distance, involving an expense for which he 
should be reimbursed. 

' ' I can seeno propriety in making this application even to the surrogate of the 
City and County of New York ; and as it may be claimed that it applies under 
this bill to the subordinates as well as to the surrogate, it would seem to open the 
door to abuses. 

' ' I think all the provisions of the bill permitting any fees to be received by the 
surrogate or his subordinates, to his or their own use, should be stricken out, and 
that the same should be expressly prohibited. 

" There should also be inserted in this bill, in my judgment, a prohibition 
against the surrogate giving any credit for his fees and services, and holding him 
responsible to the city and county for all fees earned in his office. 

"T have not had an opportunity to examine the other bills in my hands, similar 
to those referred to, relating to the public offices in the city of New York, with 
such care as is necessary, to determine whether they contain similar imperfections. 

" I recommend that bills Nos. 466 and 467, which are above referred to, be 
recalled for amendment. And in view of the near approach of the final adjourn- 
ment of the Legislature, I suggest that the other bills of a like character be also 
recalled or carefully examined by some party familiar with the subjects they 
embrace, so that fatal defects shall not be discovered when it is too late for amend- 
ment. 

"GROVER CLEVELAND." 
t 

These two bills were recalled and amendments made, but not in a manner 
which was satisfactory to anybody. However, while regretting that the amend- 



58 PUBLIC RECORD OF GROVER CLEVELAND. 

ments had not been more carefully drawn, the Governor signed the bills, and in a 
memorandum filed with them gave his reasons for doing so. 

Defective Bills. 

These bills were returned durin'g the closing hours of the session, and about 
the same time also were the bills known as the " Park Commissioners' bill " and 
"Tenure of Office bill," sent to the G-overnor. At that time not less than one 
hundred and fifty bills were awaiting the action of the Governor, a number which 
was increased to four hundred upon the adjournment ; consequently before the 
Governor could reach these bills the Legislature of 1884 had adjourned, and all 
opportunity to remedy errors gone. 

The " Tenure of Office bill " and "Park Commissioners' bill" are presented 
below that then defects may be seen." 

Tenure of Office Bill. 

AN ACT to fix and regulate the terms of office of certain public officers in the 

City of New York. 
The People of the State of New York, represented in Senate and Assembly, do enact 
as follows : 

Section 1. Every officer, commissioner or head of department in the City of 
New York who shall be hereafter appointed during the term for which the present 
mayor of that city was elected, by said mayor, with or without confirmation by 
the Board of Aldennen, either to fill a vacancy for an unexpired term, or for a full 
term, shall hold his office until and no longer" than noon on the first day of Febru- 
ary, eighteen hundred and eighty-five, and the appointment and qualification of his 
successor. 

§ 2. The mayor of the City of New York, to be elected at the general election 
in the year 1884, shall, -within thirty days after the commencement of the term for 
which he is elected, appoint successors to each office, commission and head of 
department who may be appointed during the remainder of the term for which the 
present mayor of that city was elected and the person so appointed shall hold office 
for the same terms respectively that those officers, commissioners and heads of 
departments whom they succeed would have held office if this act had not been 
enacted, provided that any commissioner or head of department, appointed under the 
provisions of this act, shall not hold office for any longer term or period than the 
term of office of the mayor by whom such commission or head of department shall 
be appointed and thirty days thereafter. 

§ 3. All acts and parts of acts inconsistent with the provisions of this act are 
hereby repealed. 

§ 4. This act shall take effect immediately. 

Park Commission Bill, 

AN ACT to provide for a more efficient government of the department of parks 

in the city of New York. 

The People of the State of New York, represented in Senate and Assembly, do 
enact asfolloics: 

Section 1. The terms of office of the present commissioners of the depart- 
ment of public parks in the city of New York, and of any of their successors 
who may be appointed by the present mayor of said city, shall cease and terminate 
on February one, eighteen hundred and "eighty -five, and in their place the mayor 
shall, within ten days thereafter, appoint three commissioners, who shall be known 
as the commissioners of the department of public parks in the city of New York, 
and who shall succeed to all the rights, powers and duties of the present commis- 
sioners, one of whom shall serve for two years, one of whom shall serve for four 
years, and one of whom shall serve six years, or until removed by the mayor, at a 
salary of five thousand dollars a year each ; and biennially thereafter the mayor 
shall appoint one commissioner of the department, of public parks, who shall 
hold his office for two, four or six years, as the term of the office becoming vacant 
shall require, or until removed. 



PUBLIC RECORD OF GROVER CLEVELAND. 59 

So reluctant was the Governor to sign the surrogate's and register's bill, with 
then imperfections, that he felt constrained to give the reasons which had finally 
induced him to give his signature to them. And in the same memoranda he gave 
his reasons for withholding his signature from the "Tenure of Office bill" and 
the "Park Commissioners' bill," all of which are presented below : 

The Governor's Reasons. 

State of New York, ) 

Executive Chamber, v 

Albany, June 14th, 1884. ) 

Memorandum filed with the approval of Assembly bill No. 466, entitled " An act 
in relation to the office of the register of the city and county of New York." 

This bill, together with Assembly bill No. 467, entitled " An act in relation to 
the office of surrogate of the county of New York," which is also this day ap- 
proved, came into my hands originally during the session 'of the Legislature and 
prior to the twelfth day of May last. 

Upon examining these two bills I discovered certain defects and errors of so 
much importance that on the day last mentioned I addressed a message to the 
Assembly calling attention to the imperfections in the bills, and suggesting that 
they should be recalled for amendment. 

This course was adopted by the Assembly and certain amendments were made, 
after which they were again returned to me for my approval. 

I think they are still defective, in that while they oblige the city to pay certain 
salaries to the officers therein named, and profess to make all fees earned by them 
payable to the city, they permit these officers to turn over accounts against parties, 
for whom official services are rendered instead of the fees in cash. 

But, inasmuch as these deficiencies are not fatal, I waive my objections based 
thereon, and construe the fact that they were not remedied, though attention was 
particularly called to them, as proof that the Legislature differed with me as to the 
expediency of making a change. 

Among other errors, however, which were considered by all interested of 
sufficient importance to make necessary the recall and amendment of these bills,, 
was one occurring in that relating to the office of register, which limited the per- 
formance of certain important duties only to the immediate successor of the present 
incumbent. 

In the message to the Assembly above referred to, after suggesting the recall of 
the bills for amendment, the following language was used: 

' 'I am led to make this suggestion for the reason that these bills belong to a 
class of remedial measures of great importance, and from the enactment of which, 
valuable reforms are anticipated. It is manifest that their good effect should not 
be jeopardized or diminished by imperfection in their form or by the omission of 
any provisions which tend to make them complete and effective." 

And the message concluded in the following words: 

' ' I have not had an opportunity to examine the other bills in my hands similar 
to those referred to, relating to the public offices in the city of New York, with 
such care as is necessary to determine whether they contain similar imperfections. 

' ' I recommend that bills Nos. 466 and 467, which are above referred to, be re- 
called for amendment. And in view of the near approach of the final adjourn- 
ment of the Legislature, I suggest that the other bills of a like character be also 
recalled or carefully examined by some party familiar with the subjects they 
embrace, so that fatal defects shall not be discovered when it is too late for 
amendment. " 

Notwithstanding this express warning there are two bills now in my hands 
which are connected in purpose and general design with those last referred to, 
which are so seriously imperfect that I have determined not to approve them. 
One of these is a Senate bill entitled " An act to fix and regulate the terms of 
office of certain public officers in the city of New York," which contains the same 
vice in an exaggerated form that caused the recall and amendment of the bill 
relating to the register. It absolutely makes no provision for the appointment of 
any officer or head of department after the immediate successors to those now in 
office. 



60 PUBLIC RECORD OF GROVER CLEVELAND. 

And the second section provides that " the mayor of the city of New York, to 
be elected at the general election in the year eighteen hundred and eighty-four, 
shall, within thirty. days after the commencement of the term for which he is 
elected, appoint successors to each office, commissioner and head of department, 
who may he appointed during the remainder of the term for which the present 
mayor of the city was elected ; and the persons so appointed shall hold office for 
the same terms respectively that those officers, commissioners and beads of depart- 
ments whom they succeed, would have held office if this act had not been enacted, 
provided that any commissioner or head of department appointed under the pro- 
visions of this act, shall not hold office for any longer term or period than the 
term of office of the mayor by whom such commissioners or head of departments 
shall be appointed, and thirty days thereafter." 

Section third repeals all acts and parts of acts inconsistent with the provisions 
of this act. 

It will be seen at a glance that this bill does not purport to "fix and regulate " 
the terms of all appointive offices, but only such as shall be appointed during the 
remainder of the term of the present mayor and their immediate successors. And 
it will be observed that the next mayor can only appoint successors to such officers 
as shall be appointed by the present mayor during the remainder of his term. I 
think the evident intention of the bill would be entirely defeated if the mayor now 
in office should allow the present incumbents to hold over until the expiration of 
their terms instead of appointing others in their places. 

When the bill attempts to fix the terms of the appointees of the next mayor it 
would seem to provide in the same sentence for two limitatious to such terms — 
that is, four years from the 1st day of May, 1885, as provided by the present law, 
and one year and eleven months from February 1st, 1885. 

I observe, too, that the last limitation only applies to " commissioners and 
heads of departments," the word "officers" having been omitted, though it is 
embraced in the other limitation. 

_ Of all the defective and shabby legislation which has been presented to me, 
this is the worst and most inexcusable, unless it be its companion, which is entitled 
" An act to provide for a more efficient government of the department of parks in 
the city of New York." 

This bill provides that the terms of office of the present commissioners of the 
department of public parks in the city of New York, and any of their successors 
who may be appointed by the present mayor, shall cease on the 1st day of Febru- 
ary, 1885, and that in their place the mayor shall appoint, within ten days there- 
after, three commissioners, one of whom shall serve for two years, one for four 
years, and one for six years ; and that ' ' biennially thereafter the mayor shall ap- 
point one commissioner of the department of public parks, who shall hold his 
office for two, four or six years, as the term of the office becoming vacant shall 
require or until removed." 

I confess I am utterly unable, after considerable study, to determine when the 
terms of any appointees after the first would terminate, or how the department 
could be long continued with three members, under the provisions of this bill . 

In 1887 the shortest term of these officers would expire and a commissioner 
should be appointed. What length of time for the new commsssioner does the 
office becoming vacant " require?" I think the language of the bill can be most 
reasonably answered by making another appointment for two years. If this was 
done the new appointee's term would expire in 1889. But at this time the four 
years' term of an original appointee would also expire, making two offices to be 
then filled, while the mayor, by the bill, is limited to the appointment of one 
commissioner in that year. 

If it was intended to create a commission of three members, it is entirely evi- 
dent that the term of all appointees, after the first, should have been for six years. 

Appreciating the litigation and the sacrifice of rights and interests which result 
from defective laws, I have earnestly tried, during my official term, to enforce 
care in their preparation. I am importuned every day to allow laws to go upon 
the statute book which are mischievously imperfect, but which are deemed good 
enough to promote the purposes of interested parties. It is not pleasant, constantly, 
to refuse such applications, but I conceive it my duty to do so. 

Though the purposes of these bills are supposed to be in the public interest, 
and though their failure may be a disappointment to many, I do not see that I 



PUBLIC RECORD OF GROVER CLEVELAND. 61 

should, allow them to breed dispute and litigation touching important public 
offices, and to be made troublesome precedents to encourage careless and vicious 
legislation. 

GROVER CLEVELAND. 

What the Author of the Bill says. 

Soon after the publication of the Governor's reasons for withholding from the 
"Tenure of Office bill" his signature, Mr. Francis M. Scott, who had drawn the 
bill as it was originally presented — was in fact its author- -addressed the following 
communication to the New York Times, entirely sustaining the^ position the Gov- 
ernor had taken : 

To the Editor of the New York Times : 

In view of Governor Cleveland's sharp criticism of the Tenure of Office bill, 
and the disposition manifested in some quarters to cavil at and belittle his reasons 
and question his motives, it is but fair both to the authors of the bill and to the 
Governor that the facts should be stated as they really are. The terms of office of 
the present Corporation Counsel and Commissioner of Public Works will expire 
in December of this year, and their successors, to be appointed by the mayor, with 
the consent and approval of the Aldermen, will, by the provisions of the Consoli- 
dation Act, hold office until four years from the first day of next May, and thence- 
forward the successive incumbents of those offices are to hold for four-year terms, 
commencing and ending on May first. As it was deemed to be unfortunate that 
the first mayor to be elected under the new municipal system inaugurated by the 
aldermanic bill should find all the important offices already filled for terms extend- 
ing beyond his own, a bill was prepared providing that all commissioners, heads 
of departments, and other officers who should be appointed by the present mayor, 
either for a full term or to fill a vacancy, with or without confirmation by the 
Board of Aldermen, should hold office until the first day of February, 1885, and 
until their successors should be appointed, and that such successors when appointed 
should hold office for the terms for which those whom they succeeded would have 
held but for this act. 

This bill as originally drawn, was entirely clear and consistent with the present 
charter of this city, in effect simply changing the time of appointment of the 
officials who are to hold until May, 1889, from December, 1884, to February, 
1885, while for this appointment of their successors in 1889 the consolidation act 
makes ample provision, and if it had reached the Governor in this form it 
would, I am satisfied, have met with no adverse criticism from him. After the 
bill had passed the Senate and came up for a third reading in the Assembly, a 
member from this city who had not then displayed the cloven hoof that his subse- 
quent course in regard to the Board of Elections bill made so apparent, offered an 
amendment providing that the terms of such officials as might be appointed under 
the bill should be limited to the term of office of the mayor making the appoint- 
ment. The friends of the measure, perhaps without sufficient consideration, 
accepted the amendment, and the bill was passed as amended and hurriedly sent 
to the Senate, where the amendment was concurred in. 

This amendment had the precise effect that its astute proposer probably intended 
that it should have, and changed the bill from a complete and consistent to an 
incomplete and confused one. As amended, the bill provided a twenty-three 
months' term for those appointed under it, and made no provision whatever for the 
appointment of their successors or the duration of -their terms, leaving such pro- 
vision to be supplied by future legislation or evolved by judicial construction out 
of some section of the consolidation act. It is easy for those who see grounds for 
the abuse of the Governor to say that he should have trusted to the next Legisla- 
ture to cure any defects that he might discover in the bill, but it is clear that no 
careful and conscientious Executive should knowingly assent to a radically defec- 
tive bill simply because he hopes that a Legislature not yet elected will see the 
defects and consent to rectify them. 

As the draughtsman of the original Tenure of Office act, and one of the most 
ardent supporters, I am constrained to agree with Governor Cleveland that in the 
shape in which it reached him it was a very shabby piece of legislation, quite un- 
fit to find a place in the statute book. 



62 PUBLIC RECORD OF GROVER CLEVELAND. 

As to the Park Commissioners' bill, it, too, was hastily and inconsiderately 
.amended in the course of its passage through the Legislature, and "was thereby 
quite as effectually spoiled as was the Tenure of Office act. 

FRANCIS M. SCOTT, 

A o. 42 Pine street. 
New York, Tuesday, June 17, 1884. 

The Times in commenting upon the letter, made this following remark : 
' A correspondent favors us with an explanation of an interpolation in the so- 
called Tenure of Office bill which had escaped our attention, and which entirely 
justifies Governor Cleveland's refusal to sign it. The amendment, which pro- 
vided that the terms of office of the persons to be appointed under the bill to suc- 
ceed those appointed by the present Mayor should be limited by the term of the 
Mayor appointing them, confused its provisions and made them inconsistent with 
themselves and with existing law. The purpose of the amendment was evidently 
hostile, but it escaped the attention of the friends of the measure." 

Subsequently, this same controversy having sprung up as to the Governor's mo- 
tive and action in the matter, Mr. Scott, whose letter is quoted above, wrote a let- 
ter to the Evening Post, July 28, which will be deemed by all conclusive and 
unanswerable — indeed, not even an attempt has been made to answer it. It is 
presented below : 

The Author of the Tenure of Office Bill or\ the Veto. 
lo the Editor of the Evening Post : 

Sir — In his letter published in the Evening Post of yesterday, Mr. George Bliss 
argues that the Governor's objections to the Tenure of Office bill were untenable, 
and that even if they were sound, they applied with as much force to the bill in its 
original as in its amended form. 

It is no part of my purpose to defend the wording of the original bill, and I 
shall confine myself to a consideration of it in the shape in which it reached the 
Executive Chamber. 

The specific objections which the Governor found to the bill were : 

First— That it made no provision for the appointment of any officer or head of 
department after the immediate successors to those now in office. 

Second — That the evident intention of the bill would be entirely defeated if the 
.Mayor now in office should allow the present incumbents to hold over. 

Third — That the bill provided in the same sentence two limitations to the 
ierms of the appointees of the next Mayor. 

Colonel Bliss is quite right in saying that I had section 106 of the Consolidation 
Act in mind when I drafted the Tenure of Office act, and that an acquaintance 
with the provisions of that section is necessary to a thorough comprehension of the 
Governor's first and principal objection to the bill. That section provides that 
'* every head of department and person in this section named, except as in this act 
otherwise provided, shall hold his office for the term of six years, and in each case until 
a person is duly appointed and has qualified in his place ; but any person appointed 
-after the commencement of the term as herein prescribed, shall hold only until the 
expiration of such term, and until a successor is duly appointed and qualified. The 
terms of office of all such heads of departments and persons, whensoever actually 
appointed, shall commence on the first day of May in the year in which the terms of 
office of their predecessors expire ; but the Comptroller, Corporation Counsel, and 
Commissioner of Public "Works to be appointed on the expiration of the terms of 
office of the present incumbents in December, 1884, shall hold their offices until 
four years from the first day of May succeeding such month." 

As I pointed out in my letter published in the Times on June 18th, the practical 
effect of the original bill was simply to postpone the appointment of the next 
Commissioner of Public Works and Corporation Counsel from December to 
February, leaving their terms of office and the appointment of their successors to 
be regulated by the above quoted section of the Consolidation Act. 

The Dayton amendment went further and undertook to regulate the terms of 
office of the appointees of the next Mayor, and there stopped. When would their 
successors take office? Apparently in May, 1887, for the Consolidation Act says 
that the terms of office of heads of departments and persons whensoever actually 



PUBLIC RECORD OF GROVER CLEVELAND. 63 

appointed shall commence on the first day of May, in the year in which the terms 
of office of the predecessors expire. But the Dayton amendment provides that no 
commissioner or head of department appointed under that act should hold office 
for any longer term or period than the term of office of the Mayor who appointed 
him and thirty days thereafter, and the usual saving clause extending the incum- 
bency of the offices until the appointment and qualification of successors is con- 
spicuous hj its absence. The term of office of the next Mayor of this city will 
expire on January 1, 1887, and if the Tenure of Office act had become a law his 
appointees under it could have held office no longer than February 1, 1887, wdrile 
by the terms of the Consolidation Act their successors, " whensoever actually 
appointed." could not have become invested with office until the first day of the 
following May, leaving the city wholly unprovided with a Corporation Counsel or 
Commissioner of Public Works for three months. And when appointed and 
invested with office, for how long would the successors of the appointees of the 
next Mayor have held under the Dayton amendment, taken in connection with 
section 106 of the Consolidation Act? Not for four years apparently, for that term 
is limited to the terms of the officials who are to be appointed in December, 1884. 
They might hold for six years, or they might be deemed to have been appointed 
" after the commencement of a term as prescribed" in the Consolidation Act, the 
term prescribed in that act running from December, 1884, to May, 1889, in which 
case they would hold " until the expiration of such term." Much less ambiguity 
has often led in the past to expensive and protracted litigation, in which the city 
has been called upon to foot the bills on both sides. 

The Governor's second objection was that the present Mayor by neglecting to 
make appointments could defeat the " evident intention" of the bill. 

By the "evident intention " of the bill is clearly meant the intention to make 
the terms of office of the appointees of the next Mayor coterminus with his own. 

The Dayton proviso affected the terms of office only of those ' ' appointed under 
this act," and the act provided only for the appointment of successors to the 
appointees of the present Mayor. 

If the present Mayor had made no appointments, no successors to his appointees 
could have been appointed, and the whole act, including the Dayton amendment, 
would never have gone into practical effect. In such an event the next Mayor on 
coming into office would have found a Corporation Council and a Commissioner 
of Public Works holding over, and would have appointed their successors, not by 
virtue of the Tenure of Office act, but by virtue of section 106 of the Consolida- 
tion Act, and these appointees would have held, not until February 1, 1887, but 
until May 1, 1889, thus palpably defeating the " evident intention " of the Tenure 
of Office bill as amended by the astute Mr. Dayton. 

The validity of the Governor's third objection to the bill is apparent upon its 
face. Its seeond section provides in a single sentence that the appointees of the 
next Mayor shall hold office for two different terms, one extending to May 1, 1889, 
and the other expiring on February 1, 1887. I think that every candid reader must 
be prepared to admit that the bill as it reached the Governor, was in truth 
' ' defective and shabby legislation," which, until amended, was not even intelligible, 
and I confess my surprise that one who has had so much experience in Albany as 
has Colonel Bliss should deem it wise or even excusable in a careful Governor to 
sign a defective bill in the hope and trust that it may be amended in some way 
before its defects produce serious results. 

As Colonel Bliss has dragged Commissioner Thompson's name into his letter, 
I may be permitted to make one remark as to the political effect of this much 
discussed veto. Tile effort is being made to convince the public that the veto of 
the Tenure of Office bill was intended and calculated in some way to strengthen 
Governor Cleveland's political friends. Its effect is exactly the reverse. " The 
Governor has not to-day, and had not when the bill was^ vetoed, any more virulent, 
persistent, and aggressive foes than the leaders of Tammany Hall, and yet the 
Mayor who is to appoint and the Aldermen who are to confirm the successors to 
our present Commissioner of Public Works and Corporation Counsel are absolutely 
controlled by this same Tammany Hall. Had the Governor been actuated by any 
but pure and honest motives, he would either have stricken his enemies by signing 
the bill or would have utilized his veto by compelling their support at the State 
and national conventions. That he did neither is proof sufficient that the reasons 
he gave for the veto were the real ones that influenced his action. 



64 PUBLIC RECORD OF GROVER CLEVELAND. 

So far as Mr. Dayton's course in regard to the bill is concerned, I have never 
believed for an instant that he foresaw the Governor's veto. What he unquestion- 
ably desired was to kill the bill. The session was drawing to a close ; many 
private bills were awaiting their third reading ; this bill had already passed the 
Senate by but a bare majority, and the friends of the original measure could count 
upon just enough votes to pass it in the Assembly on a fair fight ; the situation 
was desperate, and the only chance to defeat the bill was to send it back to the 
Senate with an amendment, in hope that it would either be "hung up" in a 
conference committee or defeated when put upon its final passage as amended. 
Some one suggested the very plausible amendment that was offered by Mr. Dayton, 
and it gained favor so rapidly that Mr. Roosevelt, to save the bill, accepted the 
amendment. The bill as amended was sent to the Senate before any one had time 
to consider its language or effect, and the amendment was concurred in before the 
opponents of the bill had a chance to pass the word to have the measure delayed. 
The scheme to defeat the bill failed, but Mr. Dayton had " builded better than he 
knew," and the Tenure of Office act had been hopelessly and fatally muddled and 
ruined. 

Francis M. Scott. 

New York, July 28. 



The Soldiers. 

The record of Governor Cleveland shows that his interest in the soldiers who 
went to battle in defence of the Union is not alone confined to words. He 
has never failed in any respect to give such assistance to the veteran soldiers as lay 
in his power, either as a public official or a private citizen. It is recited in another 
part of this work (under the head, " The Use of Public Moneys ") how, when una- 
ble to give his sanction to the use of public moneys for the erection of a soldier's 
monument, as the chief executive of Buffalo, he led the movement for the pro- 
curement of the funds necessary for the purpose, by heading the subscription list 
as a private citizen. And so he is found also jealously guarding the good fame, 
and what symbolizes it, of the veteran soldier, not so much by word, as by deed. 
When it had come to the question of caring for the maimed, the crippled, and the 
disabled, he has never permitted any other consideration than the entire fitness of 
the person to fulfil the duties of trusteeship to influence him. This is noticeable 
in the appointment of officers of the Soldiers' Home at Bath. 

Burial of Dead Soldiers. 
It is also noted in the promptness with which he signed the bill passed in 1883 
(chap. 247, Laws of 1883), entitled " An act to amend chapter 203 of the Laws of 
1881, entitled 'An act to authorize the burial of the bodies of any honorably dis- 
charged soldier, sailor or marine, who shall hereafter die without leaving means 
sufficient to defray funeral expenses.' " This bill provides as follows : 

Section 1. It shall be the duty of the Board of Supervisors in each of the 
counties of this State to designate some propei\ authority, other than that desig- 
nated by law for the care of paupers and the custody of criminals, who shall cause 
to be interred the body of any honorably discharged soldier, sailor or marine, who 
served in the army or navy of the United States during the late rebellion, who 
shall hereafter die without leaving means sufficient to defray funeral expenses ; 
but the expenses of such 'funeral shall not in any case exceed the sum of thirty- 
five dollars. In case the deceased has relatives or friends who desire to conduct 
the burial, and who are unable or unwilling to pay the charges therefor, then the 
said sum shall be paid to them or their representatives, by the county treasurer, 
upon due proof of the death and burial of any person provided for by this section. 

§ 2. Any interment provided for by the provisions of this act shall not be made in 
a cemetery, or in any cemetery or plot used exclusively for the burial of the pauper 
dead. The grave of any such deceased soldier, sailor or marine, shall be marked by 



PUBLIC RECORD OF GROVER CLEVELAND. 65 

a headstone containing the name of the deceased, and, if possible, the organization 
to which he belongedor in which he served ; • such headstone shall cost not more 
than fifteen dollars, and shall be of such design and material as shall be approved 
by the board of supervisors, and the expense of such burial and headstone as above 
provided for shall be a charge upon and shall be paid by the county in which the 
said soldier, sailor or marine shall have died ; and the board of supervisors of 
such county is hereby authorized and directed to audit the account and pay the 
expense of such burial in the same manner in which the accounts of such officers 
as shall be charged with the performance of such duty as above provided shall be 
audited and paid. 

§ 3. This act shall take effect immediately. 

This act which, as was stated above, was promptly signed by the Governor, 
was, in 1884, amended (chap. 319, Laws of 1884) so as to provide that the graves 
of any honorably discharged soldier, sailor or marine, who served in the war of 
the rebellion, and who had been buried previous to the enactment of 1883, should 
also be marked by a headstone by the counties in which the soldier, sailor or 
marine had died. This bill also the Governor promptly signed. 

Soldiers Preferred ir\ Public Employment. 
The most important bill, however, signed by the Governor relating to soldiers 
was the one which is presented below, passed in 1884 : 

CHAP. 312. 

An Act respecting the employment of honorably discharged Union soldiers and 
sailors in the public service of the State of New York. 

Passed May 19, 1884 ; three-fifths being present. 

The People of the State of New York, represented in Senate and Assembly, do enact 
as follows : 

Section 1. In every public department and upon all public works of the State 
of New York, honorably discharged Union soldiers and sailors shall be preferred 
for appointment and employment. Age, loss of limb or other plrysical impair- 
ment, which does not, in fact, incapacitate, shall not be deemed to disqualify them, 
provided they possess the other requisite qualifications. 

§ 2. This act shall take effect immediately. 

Preserving tr\e Records of Soldiers. 

In the matter of preserving correct records that the proper fame of the volun- 
teer soldier should be transmitted to his descendants, his signature to the following 
bill is shown : 

CHAP. 259. 

An Act to provide for the completion of the records of New York volunteers of 

the war of the rebellion on file in the office of the adjutant-general of the State 

of New York, and for the safe keeping thereof. 

Passed May 8, 1884 ; three-fifths being present. 

The People of the State of New York, represented in Senate and Assembly, do enact 
as follows : 

Section 1. The adjutant-general is hereby authorized and directed as soon as 
permission to do so shall have been obtained from the proper department of the 
general government, to cause copies to be made of all military records relating to 
New York volunteers in the war of the rebellion on file in the office of the adju- 
tant-general of the United States army, and not on file in the office of the adjutant- 
general of this State ; and to establish as a part of his office a bureau of records of 
the war of the rebellion, in which all records in his office relating to said war, and 
the records and relics of the bureau of military statistics shall be united and kept. 

§ 2. The trustees of the capitol are hereby authorized and directed to assign 
suitable quarters to said bureau whenever the adjutant-general shall require and 
make demand therefor, and to properly fit up and prepare the same for the safe 

5 



66 PUBLIC RECORD OF GROVER CLEVELAND. 

keeping of said records, and the proper display of the said relics of the war of "the 
rebellion. 

§ 3. The treasurer shall pay, on the warrant of the comptroller, such sums as 
may from time to time be necessary to carry into effect the provisions of this act, 
not to exceed, however, the total sum of ten thousand dollars, on the audit of the 
adjutant-general and approval of the governor, which sum is hereby appropriated 
out of any moneys in the treasury not otherwise appropriated. 

§ 4. This act shall take effect immediately. 

Speecl\ Before the Grand Army. 

And so in the following speech is found the pride he takes in the achievements 
of the soldiers of the State, and the regret over the lives of her sons sacrificed in 
the cause : 

Response of Governor Cleveland to the toast ' ' The State of New 
York," at the Grar\d Army of the Republic Banquet, ir\ hor\or of 
the unveiling of the Soldier's Monumer\t at Buffalo, July 4, 1884. 

I am almost inclined to complain because the sentiment to which lam requested 
to respond is not one which permits me to speak at length of the city which, for 
more than twenty-nine years has been my home. You bid me speak of the State, 
while everything that surrounds me and all that has been done to-day, reminds me 
of other things. I cannot fail to remember most vividly, to-night, that exactly 
two years ago I felt that much of the responsibility of a certain celebration rested 
on my shoulders. I suppose there were others who did more than I to make the 
occasion a success, but I know that I considered myself an important factor, and 
that when, after weeks of planning and preparation, the day came and finally 
passed, I felt as much relieved as if the greatest effort of my life had been a com- 
plete success. 

On that day we laid the corner-stone of the monument which has to-day been 
unveiled in token of its completion. We celebrated, too, the semi-centennial of 
our city's life. I was proud then to be its chief executive, and everything con- 
nected with its interests and prosperity was dear to me. To-night I am still proud 
to be a citizen of Buffalo, and my fellow townsmen cannot, if they will, prevent 
the affection I feel for my city and its people. 

But my theme is a broader one, and one that stirs the heart of every citizen of 
the State. 

The State of New York, in all that is great, is easily the leader of all the States. 
Its history is filled with glorious deeds and its life is bound up with all that 
makes the nation great. From the first of the nation's existence our State has 
been the constant and generous contributor to its life and growth and vigor. 

But to the exclusion of every other thought to-night, there is one passage in 
the history of the State that crowds upon my mind. 

There came a time when discord reached the family circle of States, threaten- 
ing the nation's life. Can Ave forget how wildly New York sprang forward to 
protect and preserve what she had done so much to create and build up ! Four 
hundred and fifty thousand men left her borders to stay the tide of destruction. 

During the bloody affray which followed, nearly fourteen thousand and five 
hundred of her sons were killed in battle or died of wounds. Their bones lie in 
every State where the war for the Union was waged. Add to these nearly seven- 
teen thousand and five hundred of her soldiers, who, during that sad time, died 
of disease, and then contemplate the pledges of New York's devotion to a united 
country, and the proofs of her faith in the supreme destiny of the sisterhood of 
States. 

And there returned to her thousands of her sons who fought and came home 
laden with the honors of patriotism, many of whom still survive, and, like the min- 
strels of old, tell us of heroic deeds and battles won, which saved the nation's life. 

When our monument, which should commemorate the sufferings and death of 
their comrades, was begun, the veterans of New York were here. To-day they 
come again and view complete its fair proportions, which in years to come shall 
be a token that the patriotic dead are not forgotten. 

The State of New York is rich in her soldier dead, and she is rich in her vet- 
erans of the war. Those who still survive, and the members of the Grand Army 



PUBLIC RECORD OF GROVER CLEVELAND. 67 

of the Republic, hold in trust for the State blessed memo: ies which connect her 
with her dead ; and these memories we know will be kept alive and green. 

Long may the State have her veterans of the war ; and long may she hold them in 
grateful and chastened remembrance. And as often as her greatness and her 
grandeur are told, let these be called the chief jewels in her crown. 

Grand Arrr\y Badges. 

There were two other bills relating to soldiers passed by the Legislature from 
which the Governor was compelled to withhold his signature. One was the bill 
entitled " An act to prevent persons from unlawfully using or wearing the badge 
of the Grand Army of the Republic of this State." Its provisions are as follows : 

Section 1. Any person who shall wear the badge of the Grand Army of the 
Republic, or, who shall use or wear the same to obtain aid or assistance thereby 
within this State, unless he shall be entitled to use or wear the same under the 
rules, regulations or by-laws of a Grand Army post, duly and regularly organized, 
shall be guilty of a misdemeanor, and upon conviction thereof by a court of 
competent jurisdiction shall be punished by imprisonment for a term not to exceed 
thirty daj^s or a fine not to exceed twenty dollars, or by both such fine and 
imprisonment. 

§ 2. The fines collected under the provisions of this act shall be paid, if the 
complaint upon which a conviction is procured is made by the comrade of any 
post to the post to which such complainant belongs. If such complaint shall be 
made by any other person than a comrade, then to the post or to the widow or 
orphan child or children of any deceased comrade who at the time of his death 
was a member in good standing of such post as may be designated by the com- 
plainant. 

§ 3. This act shall take effect on the thirtieth day of May, one thousand eight 
hundred and eighty-four. 

The above bill is a striking instance of that looseness of legislation and careless- 
ness in the drafting of bills for enactment against which the Governor has protested 
and of which he has so frequently complained. It reached him when it was too 
late to correct its obvious errors, and, therefore, he was compelled to let the bill die 
without his signature. This he did most reluctantly, for the provision which makes 
it a misdemeanor to wear a Grand Army badge, ' ' to obtain aid or assistance thereby 
within this State, unless he shall be entitled to use or wear the same under the rules, 
regulations or by-laws of a Grand Army post, duly and regularly organized," was 
praiseworthy in that it fixed a penalty to a species of false pretenses, of all others 
the most to be condemned, since the appeal is made to the higher patriotic impulses, 
while an honorable badge is degraded by the use to which it is put. For this reason 
the Governor, as he makes clear, would have been glad to sign the bill, but unfor- 
tunately, as the bill is drawn, the question of intent is left out of consideration 
entirely. The mere fact of wearing the badge is made criminal, or to use the 
words of the Governor : 

" The wearing need not be characterized by any intent, but is criminal if not in 
accordance with the rules and regulations of an army post with which the wearer 
may be entirely unacquainted." 

Again, the provisions for the disposition of the penalties to be collected on 
conviction of an offense against the proposed statute, as provided in section 2, arc 
altogether too indefinite to safely have place among the penal provisions of the 
State, and opened up an opportunity for an improper use of them, while they 
certainly are against the established policy of the State in like matters. 

There is still another view, and that is that a child of a soldier, having a pride 
in the record of the services of a deceased father in defense of the Union, ami of 
which this badge is the token and the testimony, would, under the above pro- 
vision, be prevented from manifesting that honorable pride by displaying it upon 
his person. The object sought to be gained by the measure is praiseworthy : the 



68 PUBLIC RECORD OF GROVER CLEVELAND. 

means by which it was attempted to gain the end defeated the object and made it 
of doubtful utility. 

Soldiers' Certificates. 

The other bill was that one entitled " An act to require the Secretary of State 
to procure a suitable plate, to print certificates, to be presented to honorably dis- 
charged soldiers, sailors and marines who served in the Union army and navy 
from the State of New York." 

The terms of the bill are as follows : 

Section 1. The Secretary of State is hereby authorized and empowered to 
procure a suitable plate on which to print a certificate, to be presented, in the 
name of the State of New York, to all honorably discharged soldiers, sailors and 
marines who enlisted and served in the Union army and navy from the State of 
New York. 

§ 2. The Secretary of State is hereby authorized to deliver to all honorably 
discharged soldiers, sailors, marines, under the great seal of the State of New 
York, a copy of said certificate, having the signatures of the 'Governor, Adjutant- 
General and Secretary of State. 

§ 3. The Comptroller is authorized to draw his warrant on the State Treasurer, 
to an amount not exceeding $2,000 for the purpose of carrying out the provisions 
of this act. 

§ 4. This act shall take effect immediately. 

There could have been no possible objection to this bill if its provisions had not 
rendered its practical operation impossible. 

1. The sum of $2,000 was ridiculously inadequate, since the cost of the plate 
alone would have exceeded the amount appropriated, and there is a constitutional 
provision which prohibits an officer from, at any time, incurring a debt. 

2. The officer to have taken charge of this matter was not the Secretary of State, 
but the Adjutant-General, who alone is the custodian of the rolls of the volunteer 
soldiers. 

For these reasons the Governor withheld his signature. 

Grover Cleveland as a Public Officer. 

In an examination of the record of Grover Cleveland as a public officer, no fact 
is more apparent than that the Governor has an old-fashioned regard for the duties 
of citizenship, and of the obligation of public officers to the people who intrusted 
them with power ; a regard so rigid and strict as to recall the earlier days of the 
Eepublic. 

That ' ' public officials are the trustees of the people and exercise their powers 
for the benefit of the people," is something more than a trite utterance with Gov- 
ernor Cleveland ; it is a sentiment deeply implanted, and exerts upon him control- 
ling influence in the discharge of those duties with which he is intrusted, and is the 
standard by which he judges those who are in authority under him. 

In the speech accepting the nomination for Mayor, at Buffalo, in 1881— in 
obedience to a call to which he responded much to his own disadvantage and, if 
he had considered only his personal preferences, much to his disinclination— he 
made this clear in the following words : 

Officials the Trustees of the People. 

* * * " And when we consider that public officials are the trustees of the 
people, and hold their places and exercise their powers for the benefit of the people, there 
should be no higher inducement to a faithful and honest discharge of public duty. 

k( These are very old truths ; but I cannot forbear to speak in this strain to-day, 
because I believe the time has come when the people loudly demand that these 



PUBLIC RECORD OF GROVER CLEVELAND. 69 

principles shall be sincerely, and without mental reservation, adopted as a rule of 
conduct. And I am assured that the result of the campaign upon which we enter 
to-day will demonstrate that the citizens of Buffalo will not tolerate the man or the 
party who has been unfaithful to public trusts. I say these things to a convention 
of Democrats because I know that the grand old party is honest, and they cannot 
be unwelcome to you. Let us then in all sincerity promise the people an improve- 
ment in our municipal affairs ; and if the opportunity is offered to us, as it surely 
will be, let us faithfully keep that promise. By this means, and by this means 
alone, can our success rest upon a firm foundation and our party ascendency be 
permanently assured. Our opponents will wage a bitter and determined warfare ; 
but with united and hearty effort we shall achieve a victory for our entire ticket. 
And at this day, and with my record before you, I trust it is unnecessary for me 
to pledge to you my most earnest endeavors to bring about this result ; . and if 
electedto the position for which you have nominated me, I shall do my whole 
duty to the party ; but none the less, I hope, to the citizens of Buffalo." * 

In an address delivered at Buffalo upon the occasion of the semi-centennial 
celebration of that city, July 3, 1882, when Mayor, he said : 

Duties of Citizenship. 

* * * " And in this our day of pride and self-gratification, there is, I think, 
one lesson at least, which we may learn from the men who have come down to us 
from a former generation. In the day of the infancy of the city which they 
founded, and for many years afterwards, the people loved their city so well that 
they would only trust the management of its affairs in the strongest and best of 
hands ; and no man in those days was so engrossed in his own business but he 
could find some time to devote to public concerns. Read the names of the men 
who held place's in this municipality fifty years ago, and food for reflection will 
be found. Is it true that the city of to-day, with its large population, and with 
its vast and varied interests, needs less and different care than it did fifty years 
ago ? 

" We boast of our citizenship to-night. But this citizenship brings with it duties 
not unlike those we owe our neighbor and our God. There is no better time than this 
for self-examination. He who deems himself too pure and holy to take part in the 
affairs of his city, will meet the fact that better men than he have thought it their 
duty to do so. He who cannot spare a moment in his greed and selfishness to 
devote to public concerns, will, perhaps, find a well grounded fear that he may 
become the prey of public plunderers ; and he who indolently cares not who 
administers the government of this city will find that he is living falsely, and in 
the neglect of his highest duty." * * * 

Good and Pure Goverr\mer\t Necessary to Progress. 

Again, in an address when laying the corner stone of the Young Men's 
Christian Association Building, at Buffalo, his own home, September 7, 1882, he 
said : 

* * * " We all hope and expect that our city has entered upon a course of 
unprecedented prosperity and growth. But to my mind not all the signs about us 
point more surely to real greatness than the event which we here celebrate. Good 
and pure government lies at the foundation of the wealth and progress of every com- 
munity. As the chief executive of this proud city, I congratulate all my fellow 
citizens that to-day we lay the foundation stone of an edifice which shall be a 
beautiful ornament, and, what is more important, shall enclose within it walls 
such earnest Christian endeavors as must make easier all our efforts to administer 
safely and honestly a good municipal government. " 

Upon assuming the wider and more responsible duties of Governor, it is found 
that there is no abandonment of those principles, the application of which, in the 
administration of the affairs of Buffalo, had made him the focus of the eyes of the 
State. And so is found in his first annual message to the Legislature character- 
istic utterances as follows : 

Reform in Civil Service. 

" It is submitted that the appointment of subordinates in the several State 
departments, and their tenure of office or employment should be based upon fitness 



70 PUBLIC RECORD OF GROVER CLEVELAND. 

and efficiency, and that this principle should be embodied in legislative enactment 
to the end that the policy of the State may conform to the reasonable public 
demand on that subject, " 

By this pledge, if it may be so termed, his subsequent administration has been 
governed, and it is to be noted here that he is the first to connect the public schools 
with the civil service, as will be seen by this extract from his annual message of 
1884 : 

" New York then leads in the inauguration of a comprehensive State system of 
civil service. The principle of selecting the subordinate employees of the State on 
the ground of capacity and fitness, ascertained according to fixed and impartial 
rules, without regard to political predilections and with reasonable assurance of 
retention and promotion in case of meritorious service, is now the established 
policy of. the State. The children of our citizens are educated and trained in 
schools maintained at common expense, and the people, as a whole, have a right to 
demand the selection for the public service of those whose natural aptitudes have 
been improved by the educational facilities furnished by the State. The applica- 
tion to the public service of the same rule which prevails in ordinary business of 
employing those whose knowledge and training best fit them for the duties at hand, 
without regard to other considerations, must elevate and improve the civil service 
and eradicate from it many evils from which it has long suffered." 

Municipal Government. 

" The formation and administration of the government of cities are subjects of 
much public interest, and of great importance to many of the inhabitants of the 
State. The formation of such governments is properly matter for most careful 
legislation. * 

" They should be so organized as to be simple in their details and to cast upon 
the people affected thereby the full responsibility of their administration. The 
different departments should be in such accord as in their operation to lead toward 
the same results. Divided counsels and divided responsibility to the people on the 
part of municipal officers, it is believed, gives rise to much that is objectionable in 
the government of cities. If, to remedy this evil, the chief executive should be 
made answerable to the people for the proper conduct of the city's affairs, it is 
quite clear that his power in the selection of those who manage its different depart- 
ments should be greatly enlarged." 

Primary Elections. 

" The protection of the people in their primaries will, it is hoped, be secured 
by the early passage of a law for that purpose which will rid the present system of 
the evils which surround it, tending to defraud the people of rights closely con- 
nected with their privileges as citizens." 

Special Legislation.. 

"It is constantly expected that those who represent the people in the present 
Legislature will address themselves to the enactment of such laws as are for the 
benefit of all the citizens of the State, to the exclusion of special legislation and 
interference with affairs which should be managed by the localities to which they 
pertain. 

"It is not only the right of the people to administer their local government, but 
it should be made their duty to do so. Any departure from this doctrine is an aban- 
donment of the principles upon which our institutions are founded, and a conces- 
sion of the infirmity and partial failure of the theory of a representative form of 
government. 

"If the aid of the Legislature is invoked to further projects which should be 
subject to local control and management, suspicions should be at once aroused, and 
the interference sought should be promptly and sternly refused. 

' ' If local rule is in any instance bad, weak or inefficient, those who suffer from 
maladministration have the remedy within their own control. If, through their 
neglect or inattention, it falls into unworthy hands, or if bad methods and prac- 
tices gain a place in its administration, it is neither harsh nor unjust to remit those 
who are responsible for those conditions to their self-invited fate, until their inter- 
est, if no better motive, prompts them to an earnest and active discharge of the 
duties of good citizenship." 



PUBLIC RECORD OF GROVER CLEVELAND. 71 

Watching the Interests of the Poor. 

How carefully the interests of the poor and laboring classes are watched by 
the Governor was shown to the State by his refusal to make a law of the bill 
amending the act entitled " An act to revise the statutes of this State relating to 
banks, banking and trust companies." 

" State of New York, Executive Chamber, ) 
" Albany, May 19, 1883. j" 

" [Filed with Secretary of State.] 

" Memorandum filed with Assembly bill No. 592, entitled "An act to amend Chapter 
four hundred and nineteen of tlie laws of eighteen hundred and eighty-two , entitled 
' An act to revise the statutes of this State relating to banks, banking, and trust 
co mpa n ies. ' ' ' Not app roved. 

" I have listened to the arguments of the friends of this measure, and am still 
convinced that the present law should not be changed in the manner proposed. 

' ' The bill before me provides that savings banks may invest the money of 
depositors in bonds and securities which are excluded by the present carefully 
prepared statutes regulating this subject. Among other things, it permits the 
investment of such funds ' in other good securities (excepting bills of exchange, 
promissory notes, deposits of personal property, and stocks to which by law the 
personal liability of stockholders attaches) which may be approved by the Superin- 
tendent of the Banking Department, the Governor, Comptroller and State Treasurer, 
or a majority of them.' 

" It must be conceded, I think, that no absolute certainty attends the judgment 
of men in relation to the matter of good securities. The State officers mentioned 
in the bill should not be burdened or intrusted with this important duty. 

" I see no provision in the "bill by which any security can be withdrawn from 
the list if once approved by these officers, even though it may become unsafe or 
worthless as an investment. 

'■ Considerations have been earnestly urged upon me touching the ability of 
savings banks to pay a fair interest to depositors, with the present limitation upon 
the character of their investments. 

" But I am firmly of the opinion that these institutions are, as their name 
implies, a place of deposit for the savings of those among the poor and laboring 
people, who see the propriety of putting aside a part of their earnings for future 
need, or as the beginning of an accumulation. Such depositors are not, and 
should not be, investors seeking, as a paramount purpose, an income by way of 
interest on their deposits. When they come to that, there are other instrumentali- 
ties which should be employed. 

" Absolute safety of the principal deposited is what the patrons of savings 
banks should seek ; and any governmental control over these institutions should, 
first of all, be directed to that end. 

"lam not satisfied that this is done, when State officials, already charged with 
onerous duties, are called to decide upon the value of proposed securities, and 
when the safety of deposits is left to their determination, and the care of directors 
and trustees often tempted to speculative ventures, beyond their power to resist. 

'' A due regard to the protection of a class of citizens which should especially 
deserve the care of the State, requires, I believe, that the institutions having their 
savings in charge should be limited in the use of such deposits to investments 
described in the law, and which as nearly as possible insure absolute exemption 
from loss. 

' ' I am unwilling to assent to the increased risk, which, I am convinced, lurks 
in the provisions of the proposed bill. 

GROVER CLEVELAND." 

Protecting the Ballot Boxes. 

A vigorous proclamation against violation of laws governing elections in this 
State was one of the acts of the Governor, which excited most favorable comment 
at the time of its issuance. 



72 PUBLIC RECORD OF GROVER CLEVELAND. 

State of New York. 

Proclamation by Qrover Cleveland, Governor. 

" The Constitution of the State directs that the Governor 'shall take care that 
the laws are faithfully executed.' 

" An appeal has been made to the Executive, asking that the laws relating to 
bribery and corruption at elections be enforced. All must acknowledge that there 
is nothing more important in our form of government than that the will of the 
people, which is absolutely the foundation upon which our institutions rest, should 
be fairly expressed and honestly regarded. Without this, our system is a sham 
and a contrivance, which it is brazen effrontery to call a republican form of 
government. 

"All this is recognized, in theory, by provisions in the Constitution of our 
State, and by stringent penal enactments, aimed at the use of money and other 
corrupt means to unlawfully influence the suffrages of the people and to thwart 
their will. And yet I am convinced that a disregard of those enactments is fre- 
quent, and in many cases shamelessly opened and impudent. 

' ' I, therefore, call upon all District Attorneys within this State, and all Sheriffs 
and peace officers, and others having in charge the execution of the laws, to exer- 
cise the utmost diligence in the discovery and punishment of violations of the 
statutes referred to, and they are admonished that neglect of duty in this regartl 
will be promptly dealt with. 

" And I request that all good citizens, in the performance of a plain duty, for 
the protection of free institutions and in their own interests, report to the proper 
authorities the commission of any offense against the statutes passed to preserve the 
purity of the ballot. 

Done at the Capitol, in the City of Albany, this second day of Novem- 
[l. s.] ber, in the year of our Lord one thousand eight hundred and 

eighty-three. 

GROVER CLEVELAND. 
By the Governor : 

Daniel S. Lamont, 

Private Secretary. 

Excellent Affirmative Acts. 

The above are culled from his speeches and messages and while they serve to 
afford a glimpse of the man in his public capacity, they by no means fill out the 
measures of his acts. His affirmative acts with reference to legislative enact- 
ments, are not so showy, but nevertheless they are as important and far reaching 
in their results, and as plainly indicate the principles by which his life is guided. 
A number of acts in the interest of the people were signed by him as follows : 

One was the act to prevent baby farming (Chap. 40, Laws 1883). 

One was the act to provide for the incorporation and regulation of co-operative 
or assessment life and casualty insurance associations and societies (Chap. 175, 
Laws 1883). 

Though strongly pressed by powerful influences, he ranged himself upon the 
side of the people in signing the bill providing that the fare to be charged by the 
Utica and Black River Railroad Company should not exceed three cents per mile. 
(Chap. 174, Laws 1883.) 

Another was the bill providing that it should be the duty of the board of 
supervisors to designate some proper authority other than that designated by law 
for the care of paupers and the custody of criminals, to inter the body of an hon- 
orably discharged soldier or sailor of the late rebellion, who should die without 
means sufficient to defray funeral expenses. (Chapter 247, Laws 1883.) 

Another w T as the signing of a bill popularly known as the "Emigration Com- 
mission bill," which had for its purpose the improvement of the means of receiving 
and caring for emigrants arriving at the port of New York, a bill in w 7 hich he was 



PUBLIC RECORD OF GROVER CLEVELAND. 73 

greatly interested, the purposes of which were defeated in the Senate in 1883 by a 
bargain with Republicans. (Chap. 286, Laws 1883.) 

An act concerning pawnbrokers, and regulating the rate of interest to be 
charged for loans. (Chap. 339, Laws 1883.) 

The bill to provide for the establishment of a bureau of labor statistics, reference 
to which was made under the head of labor. (Chap. 356, Laws 1883.) 

An act in relation to receivers of corporations, and was in the interest of credit- 
ors in that it prevented the assets of insolvent corporations from being eaten up. 
(Chap. 378, Laws 1883.) 

The bill to suppress political assessments upon those holding place under the 
State government. (Chap. 422, Laws 1883.) 

The bill to provide for submitting to the electors of the State the propositon to 
abolish contract labor from State prisons, referred to under the head of labor. 
(Chap. 468, Laws 1883.) 

A Notable Fact. 

These are some of the affirmative acts which were received by the applause of 
the State. It is a notable fact that the course of the Governor with reference to 
legislation, his rigid scrutiny of bills, and prompt vetoes of those which were im- 
proper, had a marked effeet upon the Legislature of 1884. Long before that Legis- 
lature assembled, one of the established facts current to the day, was that the Gov- 
ernor could not be cajoled or tricked into the signing of that which was not only 
improper but even doubtful, or into withholding his signature from that which was 
for the benefit of the people. Consequently the members governed themselves ac- 
cordingly, and private bilis remained in the committees to which they were re- 
ferred, with hardly an exception. 

Some Acts of 1884. 

Among the bills of general importance signed in 1884 was the act providing 
that no contracts for convict labor in prisons, penitentiaries or reformatories 
should be renewed, pending contracts extended, or new ones made. (Chap. 21, 
Laws 1884.) 

The bill providing for a more efficient examination of the affairs of banks, 
banking and trust companies by the superintendent of banks. (Chap. 47, Laws 
1884. 

The bill permitting the use of State armories by associations of discharged 
soldiers. (Chap. 71, Laws 1884.) 

The bill to prevent deception in sales of dairy products, more popularly known 
as the Oleomargarine bill, a measure most earnestly desiredby the vast dairy inter- 
ests of the State. (Chap. 202, Laws 1884.) 

The bill entitled ' ' An act in relation to public education in the city of New 
Yord," which in fact wiped out the color and race line. (Chap. 248, Laws 1884.) 

The act to provide for the completion of the records of New York volunteers of 
the War of the Rebellion, on file in the office of the Adjutant-General of the Slate 
of New York, and for safe-keeping thereof. (Chap. 259, Laws 1884.) 

The bill amending chapter 339, Laws 1883, concerning pawnbrokers, widening 
its application to prohibit the sale of furniture stored as collateral for loans. 
(Chap. 363, Laws of 1884.) 

The bill authorizing the slaughter of animals infected with contagious 
diseases and providing the payment of their actual value to the owner. (Chap. 
408, Laws 1884.) 



74 PUBLIC RECORD OF GROVER CLEVELAND. 

The bill preferring honorable discharged soldiers and sailors in employment in 
the public service of the State. (Chap. 319, Laws 1884.) 

An act relating to the custody and care of indigent and pauper children by 
charitable institutions. (Chap. 438, Laws 1884.) 

The act which provides greater safeguards for travellers upon the railroads of 
this State, affixing penalties for neglecting to take the precautions provided for. 
(Chap 439, Laws 1884.) 

The bill providing for a commission to inquire into the character and condition 
of tenement houses in the City of New York. (Chap. 448, Laws of 1884.) 

The act providing that telegraph and electric light companies shall lay their 
wires underground in cities. (Chap. 534, Laws 1884.) 

The bill to provide for the additional accommodations for common schools 
(Chap. 455, Laws 1884.) 

While the above will show that the Governor has sedulously kept in view the 
old Democratic maxim of "the greatest good to the greatest number," it will also 
show that a strict regard for the best interests of the people has actuated him in all 
respects. 

In the Matter of Appointments. 
The same motive is found in his appointments to office. More than any other 
consideration, that of distinguished fitness for place has governed him in the selec- 
tion of persons to fill the important subordinate places of the State government. 

Superintendent of Public Works. 
Thus James Shanahan, a great portion of whose life had been spent in connec- 
tion with the management of the canal system of the State, and whose familiarity 
with its needs and requirements was exceeded by no one, was appointed to be 
Superintendent of Public Works. It was characteristic of the Governor's methods 
that it was eminently practical appointment. No doubt others did have more 
powerful political influences behind them. This man's eminent qualifications for 
the work before him weighed against everything else, so he was appointed. 

Departrr\er\t of Insurance. 
The Department of Insurance was another most important place and very 
desirable in the eyes of many. The pressure was great. But, in the office of the 
Department was one who had been virtually the head for years. Administra- 
tions had come and gone, and superintendents of both political faiths had come 
and gone, but under them had remained as deputy, John A. McCall, who had 
entered the office as a boy and familiarizing himself with every branch and step 
of the business, had at last become such a necessity to the office, that Republican 
heads retained him, though a Democrat. Governor Cleveland would not have 
been Grover Cleveland, knowing these facts, if he had not appointed John A. 
McCall, Jr. So Mr. McCall became the Superintendent of Insurance. 

Fyailroad Commission^ 
When the Railroad Commission was to be appointed, he found that under the 
law certain commercial bodies of New York City could suggest one for appoint- 
ment, and that it was further provided that one should be a Democrat, and one a 
Republican, one of whom should be a man acquainted with the railroad business. 
An examination of the law, the field the new board was to occupy, the duties it 
would be called upon to perform, and the profound legal questions it would be 
compelled to meet, showed conclusively that there must be a lawyer upon the 



PUBLIC RECORD OF GROVER CLEVELAND. 75 

"board. The commercial boards did not assist the Governor, for the person named 
"by them was neither a Democrat, a Republican, one acquainted with the railroad 
business, nor a lawyer. The gentleman he did appoint as a Republican was one 
acquainted with the railroad business, and that was Mr. William E. Rogers, and 
in doing this he secured to the board the services of a superior civil engineer as 
well, for Mr. Rogers is a graduate of West Point, and holds the certificate of a 
civil engineer. Consequently the Democratic member of the Railroad Commission 
had to be a lawyer, and this was John J. Kernan, a son of Francis Kernan, who 
had won a leading place at the bar of Central New York, a bar held in high repute 
for the number of great men it has given to the State. Thus it was, under a law, 
the limitations of which were most unwise, the Governor in two men, while 
obeying the law in every particular, gave to the Board of Railroad Commissioners 
one acquainted with the railroad business, a civil engineer and a lawyer. The 
result has justified the selections of the Governor. 

Reformir\g Control of the New York Capitol. 

The re-organization of the Capitol control, very much needed, gave the 
Governor an opportunity to perform real service to the people. So when he 
selected Mr. Isaac G. Perry to be Capitol Commissioner he gave to the State a 
man of practical knowledge and extraordinary efficiency. The Capitol, the work 
upon which had become a by-word and a reproach, seemed to take a leap forward 
at once, and the visitors to the Capitol could see it fairly grow under his hands. 
More was accomplished in a few months with the same amount of money, than 
had ever been known before. A factious Republican opposition fearing the effect 
of this reform upon the people undertook to counteract its effect by an inquisitorial 
investigation, the results of which were, in fact, but to show in brighter colors 
the wonderful work accomplished, and the committee of investigation was fairly 
shamed into commending the labor performed, and endorsing the administration 
of this department, and all the more as their factious opposition had interfered 
with the progress of the work, and laid an additional burden of $500,000 at least 
upon the people, while robbing 1,200 laboring men of six months' work. 

Of a like character was the appointment of Mr. Charles B. Andrews to be 
Superintendent of Public Buildings. This also was an eminently characteristic 
appointment, based, more than anything else, upon the Governor's own knowledge 
of the fitness of the man for the place. In this, as in all other cases, the result has 
justified the selection. 

Local Appointments. 

Who forgets the ringing applause which greeted the appointment of Wheeler 
H. Peckham, to be District Attorney of New York, to fill the vacancy caused by 
the death of the Hon. John McKeon ? And when the continuous ill health com- 
pelled Mr. Peckham to lay down the duties he had so recently assumed, was the 
applause less hearty that saluted his successor, Peter B. Olney ? 

One of the last appointments made by the Governor, that of Henry Wilder 
Allen, to be Judge of the Court of Common Pleas, is of the same high character. 

The above does not embrace all of his appointments ; it does not show those of 
the Civil Service Commissioners, nor of the Commissioner of Emigration that gave 
such widespread satisfaction, William H. Murtha, but which was defeated in the 
Senate of 1883 by a combination with Republicans by certain Senators ; nor the 
minor appointments, selected with the same care and same regard for fitness. 



76 PUBLIC RECORD OF GROVER CLEVELAND. 

li Where tr\e Honor Lies," 

Indeed, so high is the standard erected by the Governor, that the honor attached 
is not in the place to be occupied, but in the fact that the appointee has been 
selected bv a Governor whose standard is so high. 



Grover Cleveland a Tried and Consistent Democrat. 

Though deserving and receiving as a public officer the enthusiastic support of 
the great body of his fellow-citizens, irrespective of party, Governor Cleveland is 
a loyal member of the Democratic party. To this fact his record, his speeches, 
his principles and the voice of his own neighborhood bear concurrent testimony. 

As a Democrat he was, in 1863, made assistant district attorney of the county 
of Erie. As a Democrat he was, in 1870, chosen to be county sheriff. As a Dem- 
ocrat he was, in 1881, elected to be mayor of Buffalo. As a Democrat, in 1882, he 
was elected to be Governor of the State, and now he stands as the chosen Demo- 
cratic candidate for the Presidency. In these twenty-one years since his first desig- 
nation for public office by the Democrats he has six times received the approval of 
the official councils of the party, and the people having failed to affirm this selection 
only once in the course of these twenty-one years, he may in every sense be said to 
have attained majority as a Democrat. 

This long and unbroken testimony to his loyalty to the highest interests of his 
party, has been founded upon his public utterances and acts. He has never pro- 
fessed to be other than a Democrat. 

In accepting the Democratic nomination for mayor of Buffalo in 1881, he 
said: 

"Gentlemen of the Convention — I am informed that you have bestowed 
upon me the nomination for the office of Mayor. It certainly is a great honor to be 
thought fit to be the chief officer of a great and prosperous city like ours, having 
such important and varied interests. I hoped that your choice might fall upon 
some other and more worthy member of the city Democracy, for personal and 
private considerations have made the question of acceptance on my part a difficult 
one. But because lam a Democrat, and because I think no one has a right at this 
time of all others to consult his own inclinations as against the call of his party and 
fellow-citizens, and hoping that I may be of use to you in your efforts to inaugurate 
a better rule of municipal affairs, I accept the nomination tendered to me. * * * 
I am assured that the result of the campaign upon which we enter to-day, will 
demonstrate that the citizens of Buffalo will not tolerate the man or the party who 
has been unfaithful to public trusts. I say these things to a convention of Demo- 
crats because I know that the grand old party is honest, and they cannot be 
unwelcome to you. Let us then in all sincerity promise the people an improvement 
in our municipal affairs ; and if the opportunity is offered to us, as it surely will be, 
let us faithfully keep that promise. By this means, and by this means alone, can 
our success rest upon a firm foundation and our party ascendancy be permanently 
assured. Our opponents will wage a bitter and determined warfare ; but with 
united and hearty effort we shall achieve a victory for our entire ticket. And at 
this day, and with my record before you, I trust it is unnecessary for me to pledge 
to you my most earnest endeavors to bring about this result ; and if elected to the 
position for which you have nominated me, I shall do my whole duty to the party, 
but none the less, I hope, to the citizens of Buffalo." 

His nomination for Governor was accepted in a letter to the committee of the 
Democratic convention, in which he said, " The platform of principles adopted by 
the convention meets with my hearty approval. The doctrines therein enunciated 
are so distinctly and explicitly stated that their amplification seems scarcely neces- 






PUBLIC RECORD OF GROVER CLEVELAND. 77 

sary. If elected to the office for which I have been nominated, I shall endeavor to 
impress them upon my administration and make them the policy of the State." 

At the reception given to him by the Manhattan Club in the City of New York, 
December 6, 1882, he expressed himself in these sterling words : 

" You who lead, and those who follow, should all strive to commend to the 
people in this, the time of our opportunity, not an administration alone, but a party 
which shall appear adequate to their wants and useful to their purposes. The 
time-honored doctrines of the Democratic party are dear to me. If honestly applied 
in their purity I know the affairs of the Government would be faithfully and 
honestly administered, and I believe that all the wants and needs of the people 
would be met. They have survived all changes, and good and patriotic men have 
clung to them through all disasters as the hope of political salvation. Let us hold 
them as a sacred trust, and let us not forget that an intelligent, reading, thinking 
people will look to the party which they put in power to supply all their various 
needs and wants, and the party which keeps pace with the development and pro- 
gress of the times, which keeps in sight its land-marks and yet observes those 
things which are in advance, and which will continue true to the people as well as 
to its traditions, will be the dominant party of the future." 

In a message sent to the Assembly April 9, 1883, he said : 

"I believe in an open and sturdy partisanship, which secures the legitimate 
advantages of party supremacy ; but parties were made for the people, and I am 
unwilling, knowingly, to give my assent to measures purely partisan which will 
sacrifice "or endanger their interests." 

And upon the occasion of a serenade from the Albany Young Men's Demo- 
cratic Club, upon the evening of his nomination, July 10, 1884, he spoke as follows : 

Fellow-citizens — I cannot but be gratified with this kindly greeting. I find 
that I am fast reaching the point where I shall count the people of Albany not 
merely as fellow-citizens, but as townsmen and neighbors 

" On this occasion I am, of course, aware that you pay no compliment to a citi- 
zen, and present no personal tribute, but that you have come to demonstrate your 
loyahy and devotion to a cause in which you are heartily enlisted. 

" The American people are about to exercise, in its highest sense, their power 
of right and sovereignty. They are to call in review before them their public 
servants and representatives of political parties, and demand of them an account 
of their stewardship. 

' ' Parties may be so long in power, and may become so arrogant and careless 
of the interests of the people as to grow heedless of their responsibility to their 
masters. But the time comes, as certainly as death, when the people weigh them 
in the balance. 

" The issues to be adjudicated by the nation's great assize are made up and are 
about to be submitted. 

" We believe that the people are not receiving at the hands of the party, which 
for nearly twenty-four years has directed the affairs of the nation, the full benefits 
to which they are entitled, of a pure, just, and economical rule ; and we believe 
that the ascendancy of genuine Democratic principles will insure a better govern- 
ment, and greater happiness and prosperity to all the people. 

" To reach the sober thought of the nation, and to dislodge an enemy intrenched 
behind spoils and patronage, involve a struggle, which, if we under-estimate, we 
invite defeat. I am profoundly impressed with the responsibility of the part 
assigned to me in this contest. My heart, I know, is in the cause, and I pledge 
you that no effort of mine shall be wanting to secure the victory which I believe 
to be within the achievement of the Democratic hosts. 

" Let us, then, enter upon the campaign now fairly opened, each one appre- 
ciating well the part he has to perform, ready, with solid front, to do battle for 
better government, confidently, courageously, always honorably, and with a firm 
reliance upon the intelligence and patriotism of the American people." 

Upon this series of utterances Governor Cleveland is entitled to rely as an 
explicit declaration of devotion to his party. 

But for his firm maintenance of the cardinal principles of Democracy — simpli- 
city of personal and official life ; ready and free access for the people ; untiring 



78 PUBLIC RECORD OF GROVER CLEVELAND. 

industry and vigilant fidelity in the discharge of public duty ; rigid economy in 
the expenditure of public funds ; strict construction of the powers of public 
servants and stern enforcement of the requirements upon them ; publicity and 
purity of official action ; fearless discharge of duty as seen by himself, and 
inability to substitute the suggestions of others, not elected to office, for the 
judgment which he was chosen to exercise, stamp him as a Democrat in principle, 
vigorous, courageous and stalwart. 

But in the exercise of this just preference for his own party, he has ever been 
mindful of the truth that the party is most useful, most prosperous and most har- 
monious, which most nearly satisfies the wants and promotes the welfare of the 
whole people. 

As he said in the speech at the Manhattan Club (already mentioned) : 
' ' We stand to-night in the full glare of a grand and brilliant manifestation of 
popular will, and in the light of it how vain and weak appear the tricks of politi- 
cians and the movements of partisan machinery. He must be blind who cannot 
see that the people well understand their power and are determined to use it when 
their rights and interests are threatened. There should be no skepticism to-night 
as to the strength and perpetuity of our popular government. Partisan leaders 
have learned, too, that the people will not unthinkingly follow, and that something 
more than unreasoning devotion to a party is necessary to secure their allegiance! 
* * * * yf e shall utterly fail to read aright the signs of the times if we are 
not fully convinced that parties are but the instruments through which the people 
work their will, and that when they become less or more the people destroy or 
desert them." 

Absolutely accepting the Democratic doctrine that the people are not to be 
feared ; that they are not to be fooled ; that they approve courage, and that they 
prefer the enduring right to that which seems to be expedient for the present, Gov- 
ernor Cleveland has boldly borne the banner of Democracy and planted it upon 
advanced ground. Honest laws and their faithful administration have been his 
invariable motto. 



LIFE OF THOMAS A. HENDRICKS. 79 



Life of Thomas A. Hendricks. 

Thomas A. Hendricks, the Democratic candidate for Vice-President, was 
born near the town of Zanesville, Muskingum county, Ohio, on September 7th, 
1819, sixteen years after the admission of Ohio into the Union, and when the State 
of Indiana, of which he was to become the most distinguished representative, was 
not yet three years old. Less than nine months after the birth of Thomas, his 
father removed to Madison, then the chief city of Indiana, the home of his brother 
William, and from that time forward the history of our candidate is identified 
with Indiana. 

The family is of " Scotch-Irish " origin. On the father's side, his people were 
from the North of Ireland, and the ancestral Hendricks, more than a century ago, 
settled in the Legonier Valley, Westmoreland county, Western Pennsylvania, A 
brook flowing into the Conemaugh is called to this day " Hendricks' Run," and 
obtained that name from the fact that the settler of a hundred years ago put his 
wheel into it and utilized it first for milling purposes. The family grew in pros- 
perity and respect, and Abraham, grandfather of the subject of this sketch, 
served in various public offices, and as a member of the legislature of Pennsylva- 
nia in the sessions of 1792-3, 1793-4, 1796-7 and 1797-8. Abraham had two sons, 
William and John, both of whom in early life emigrated from Pennsylvania to the 
growing West. 

Four years before the colonies had thrown off the English yoke, the Thomson 
family, of pure Scotch blood, settled in the Cumberland Valley of Pennsylvania, 
near Shippensburgh, Cumberland county. From that family has sprung distin- 
guished men, and of the stock was Alexander Thomson, a jurist of renown, and 
Frank Thomson, vice-president of .the Pennsylvania Railroad Company. 

Jane Thomson, a sister of the jurist above named, and John Hendricks, a son 
of Abraham, the Pennsylvania legislator, met at the residence of Rev. Dr. Black 
in Pittsburgh, and the acquaintance there formed ended in marriage, the fruits of 
which was the birth of Thomas A. Hendricks. 

William Hendricks, the elder brother of John, and, consequently, the uncle of 
Thomas A., had previous to the marriage of his brother removed to Cincinnati, 
where he engaged in the practice of law; subsequently, he removed to Indiana and 
quickly advanced to a leading position, being made a Representative in Congress, 
the second Governor of the State, and United States Senator. One of the counties 
named after him is an evidence of the esteem in which he was held by the people 
of that, then young, commonwealth. His brother John, with his bride, followed 
his track, and after a brief residence in Ohio, removed to Indiana, first settling- 
near Madison, and two years later locating a farm which afterward became part 
of the site of Shelbyville, the county seat of Shelby county. 

John Hendricks combined the pursuits of tanner and farmer, but, from his 
force of character, culture and commanding intellect, rather than from his oeeu- 



80 LIFE OF THOMAS A. HENDRICKS. 

pations, "became the foremost citizen of the community. The frontier home 
built by him of hewn logs, is still standing on the "Michigan turnpike." TThile 
young Tom was a boy, his father erected a story-and-a-half brick building a little 
north of the site of the hewn-log structure, and Tom drove the oxen for the trans- 
portation of the necessary material. The lad led the life of a farmer's boy (for 
his father soon abandoned the tanning business), working in the summer and 
attending school in the winter. 

The home influences surrounding the subject of our sketch were of that kind 
out of which seem to have come nearly all the great and leading men of America 
— a strong and intelligent father, a superior and pious mother, the presiding genius 
of a peaceful home, where religion had set up a revered altar and in which life 
was guided by a strict adherence to a code of morals almost stern in its conforma- 
tion to the Presbyterian creed. Moreover, it was a home in which the light of 
hospitality always burned and where the door stood ajar for all comers, whether 
he was the Methodist circuit rider, or the man of G-od with cowl and crucifix, the 
wayfarer seeking a new home in the forest of the west, or the vagrant whose reck- 
lessness made him a suppliant for the bounty of the more prudent. It was in such 
a home, and surrounded by such influences, that Thomas A. Hendricks grew, 
developed and waxed strong in mind and body. 

The lad attended the village schools for a time and then a neighbor, John 
Robinson, living six miles distant, having secured an Eastern instructor to prepare 
his own boys for college, extended the advantages to his neighbors' boys. Young 
"Tom" Hendricks, having developed more aptitude for study than for tilling, 
eagerly embraced the opportunity and continued there until the school was broken 
up by the sudden departure of the teacher, but the instruction there received 
enabled him to enter Hanover College, located on the Ohio river, near Madison, 
seventy miles south of Shelby ville. A Presbyterian college, it was presided over 
by Dr. McMasters, brother of James McMasters, now editor of the Freeman's 
Journal, JSTew York. 

Graduating from Hanover College in 1841, he began the study of law with 
Judge Major, of Shelbyville, but a desire to visit the East induced him to accept 
the advantages of instruction in the office and a membership in the family of his 
uncle, Judge Thomson, in Chambersburg, Pennsylvania. He returned to Indiana 
in 1843, with only one dollar and twenty-five cents in his pocket, one week too late 
for the regular fall examinations for admission to the bar, and was therefore put 
to the test of a special examination by the circuit judges. He was easily admitted. 
His early career did not differ much from a hundred other fledglings in a limited 
sphere, but it was noted that his diligence, upright bearing, and suavity of man- 
ner, builded early the foundations of that popularity which has been for so many 
years in Indiana his peculiar possession. 

Four years after his admission to the bar, his political career was begun by his 
election to the legislature, and from that day until this he has been an active 
and conspicuous figure in the politics of his State. It was in 1848 that he was 
elected to the legislature, then only twenty-six years of age, being elected in a 
close contest over Captain Nathan Early, the issue being the party responsi- 
bility for the Mexican war. He served but one term, but long enough to impress 
the fact upon the people of the State that "a young man of great capacity and 
promise " had come upon the platform of affairs, and which resulted in his being 
chosen to the State Constitutional Convention of 1850, called to revise and amend 
the fundamental law of the commonwealth at a time when Indiana wanted in 
council her ablest and purest men. 



LIFE OF THOMAS A. HENDRICKS. 81 

In 1851, the year subsequent, Mr. Hendricks was nominated for Congress in 
the Indianapolis district and was elected. So acceptably did he serve his constit- 
uents that he was renominated and re-elected. In the autumn of 1856, much 
against his inclination, he was nominated for a third term, and was defeated. 
His defeat has been erroneously attributed to his vote in favor of Douglas's Ne- 
braska-Kansas bill, involving the repeal of the Missouri Compromise, but, as a 
matter of fact, it was during a period of transition, in which occurred the disinte- 
gration of the Whig party and the uprising of the Republicans, when there was 
much political movement and many theories. His opponent, once a Democrat 
rallied to his support Free Soilers, Abolitionists, Temperance men, Know Noth- 
ings, Whigs and everything else which was not Democratic ; and in a time of polit- 
ical revolution he was beaten . Though he returned at once to the practice of the 
law, he was called again to public service, without solicitation either upon his part 
or that of his friends, by President Pierce, who appointed Mr. Hendricks Com- 
missioner of the General Land Office. He administered the duties of this office 
for four years, earning a widespread national reputation, by reason of the ability 
with which he conducted the delicate and important affairs of the office. 

In 1860, the Republicans nominated Henry S. Lane for Governor of Indiana ; 
and the Democrats, casting about for their strongest name, chose that of Thomas 
A. Hendricks. This was another year of political revolution, and when Abraham 
Lincoln was elected President. Mr. Hendricks was defeated ; but revolution 
followed upon revolution, and in 1862, while Hon. Oliver P. Morton was Gov- 
ernor, the Democrats obtained a majority in the Legislature. A United States 
Senator was to be chosen, and Thomas A. Hendricks was elected. His period of ser- 
vice, ending March, 1869, covered the last two years of the war and the four years of 
reconstruction. How nobly he stood for the application of Jeffersonian principles 
in these troublous times, how certain he was in his strokes of battle, and what 
influence for good he then exerted, are matters now the pride of Democrats where- 
ever they are. In the resistance to the effort to remove Andrew Johnson by im- 
peachment, Senator Hendricks played an important and able part. 

At the close of his senatorial term, Senator Hendricks returned to Indiana to 
again enter upon his practice, bearing with him an honorable name earned in the 
service of his country and treasured by every Democrat in the broad land. In 
1868, at the Democratic Convention in New York City, his name was presented as 
a candidate with eighteen others, and he, with General Hancock, led all the rest, 
the latter receiving on the twenty -first ballot 135% and Senator Hendricks 132. 
On the twenty-second ballot Ohio suddenly presented the name of Horatio Seymour, 
with the result of his nomination . 

In 1872 the Democratic party entered into a compact with the Liberal-Republican 
party and nominated Horace Greeley. Though Senator Hendricks doubted the 
advisability of the movement, yet he loyally followed the lead of his party, and his 
presence being demanded in the fore of battle in his own State, against his earnest 
protest he was nominated for Governor. Though Grant carried the State on the 
electoral ticket, Hendricks was elected by a majority of one thousand one hundred 
and forty-eight votes, 

Two years as Governor and again Mr. Hendricks returned to private life. 
Two years later he passed into the most eventful period of his life . The Democratic 
National Convention met at St. Louis the 27th of June, 1876. On the first ballot 
Mr. Tilden received 403% votes and Mr. Hendricks 133%. On the second ballot 
Mr. Tilden received 508 votes, and the first place being disposed of, the thoughts of 
the Convention turned to Governor Hendricks, and he was nominated for Vice 



82 LIFE OF THOMAS A. HENDRICKS. 

President by 730 votes out of 738. The events which followed are now a matter of 
history. After a stoutly contested and bitter campaign, Tilden and Hendricks 
were elected, having a majority of the popular vote and electoral college. By a 
shameless conspiracy, engaged in by the Leaders of the Republican party, the 
the people of the country were fraudulently deprived of their triumph at the polls. 
In this trying period Governor Hendricks bore himself with lofty patriotism, 
further increasing the regard felt for him. 

Eight years rolled around and the representatives of Democracy in the greatest 
convention ever assembled, gathered together at Chicago, July 8th, 1884. There 
was a general demand for the old ticket of 1876. But the old chieftain, Tilden, 
was incapacitated by age for the leadership, and the convention selected the young 
champion of reform in the Empire State — Grover Cleveland, as his representative, 
and then, after a scene of unparalleled enthusiasm, demanded that Thomas A. 
Hendricks should a second time be nominated for Vice-President and a second 
time elected. True to his patriotic impulses he has accepted. 

(governor Hendricks is a man now nearly sixty-five years old, vigorous and 
strong, in whom there is not an indication of decay either mentally or physically — 
a man of simple habits, with a graceful bearing and a manly, handsome face. 
Nature has endowed him with the elements of a true orator and upon the forum 
he is persuasive and winning, convincing and captivating. His long public career, 
beginning when twenty-six years of age, is studded with the evidences of his great 
ability, his singularly pure devotion to duty and his lofty and unswerving patriot- 
ism. He is a Democrat of the truest type and an ideal representative of American 
manhood. 



PUBLIC RECORD OF THOMAS A. HENDRICKS. 83 



Public Record of Thomas A. Hendricks. 

Thomas A. Hendricks was but twenty- six years old when he began his public 
career in the Assembly of Indiana. He was nominated for that place by the 
Democrats of that county. His opponent was Captain Nathan Earlywine, whom 
he met in joint debate. Their discussion on Flat Rock is to-day a tradition of the 
community. Earlywine in the debate charged the Democrats with bringing on 
the Mexican war, and alleged that some time before Hendricks, in a private 
conversation, had admitted this, but boasted that he intended to shift the 
responsibility from the Democrats to the Whigs. Hendricks, who was in the 
audience, shouted out, "You know that's a lie !" For a time it looked as if the 
meeting would have a sudden and violent termination, but Mr. Hendricks took the 
stump and justified his declaration. Hendricks was elected. In the Legislature 
he soon made himself conspicuous by his opposition to the extension of the State 
Bank's branches and by the ability with which he urged his opposition. 
Notwithstanding the success he met with in his first venture in public life, he 
refused a renomination and returned to his practice. 

Two years later (1850) by the wish of all parties and without opposition, he was 
elected to the State Constitutional Convention, to amend the Constitution of 1816. 
Robert Dale Owen, Judges Pettit and Biddle, W. S. Holman, and Schuyler Colfax 
had seats in the same Convention. Mr. Hendricks, who was on the Banking and 
Judiciary Committees, won such a reputation in the debates upon the important 
questions arising, that without effort upon his part, he became a leading candidate 
for the nomination for Congress in his district. There were many other candidates 
for the nomination, but upon the fifty-third ballot, Mr. Hendricks was nominated, 
and he was elected by a majority of more than three thousand. 

The first term in Congress is rarely an eventful one to a new member, yet he 
satisfied his constituents, and they returned him by an increased majority. During 
his second term Douglass' Kansas-Nebraska bill was presented, and the discussion 
over it greatly excited the country. Mr. Hendricks voted with the bulk of his 
party. It has been urged that this vote defeated him for a third term in Congress, 
but it is certain that in thus casting his vote, he was in entire accord with the 
sentiment of his constituents. The fact is that it was a time of political revolution, 
and Lucien Barbour, his opponent, who had been a Democrat, was supported by 
all the elements which opposed the Democratic party, Free Soilers, Abolitionists, 
Temperance men, Know Nothings, Whigs, and what not. It was a time of the 
Know Nothing craze. During this campaign Mr. Hendricks made a speech, which, 
while an honor to his convictions and his democracy, in that time of senseless 
opposition to naturalized citizens, contributed somewhat to his defeat. This is 
what he said on that occasion : 

"When the Democratic administration of Jefferson came in, liberal laws were 
enacted, and our young Republican said to the oppressed millions of Europe : 



84 PUBLIC RECORD OF THOMAS A. HENDRICKS. 

' Come, and cheap lands shall furnish you a home; come, and the flag of the free 
shall wave over and protect you; come, and just laws shall make you free.' They 
did come, and with them came the scholar, the artist, the farmer, the mechanic 
and the laborer, and they brought no trouble upon our fathers but much strength, 
and contributed largely to the development of the country. Our fathers were 
then only five millions strong, but they were not afraid for their liberties or for 
their Protestant religion in the adoption of that policy. Since that day half a cen- 
tury has gone by, and our last census shows us to be a people of twenty-three 
millions, with a native-born white population of seventeen millions and three- 
quarters, and a population of foreign birth of only two millions and one-quarter. 
Our foreign population, animated by a common sentiment of admiration for our 
institutions, have abandoned the lands of their birth, and with their wives and 
children have settled done among us, making our fortunes their fortunes, our 
hopes their hopes, and our destiny their destiny. When have they refused to dis- 
charge any duty required by Government ? * Do they not promptly pay their 
taxes, diligently labor upon the highways, faithfully serve in our armies, and 
valiantly fight in defense of our country ? It is not true that our liberties or our 
religion are endangered by the presence of our foreign population. Our fathers 
intended to secure the liberties of the citizen, that the Church and State should be 
separate, and that the Church should not control the State, nor the State corrupt 
the Church. ISTo test can be made by law, whereby one class of men shall be 
promoted to office and another class deprived of office because of their religion. 
The Constitution prohibits it for the reason that such a thing ought not to be 
done." . 

Defeated Mr. Hendricks contentedly resumed the practice of the law, but only 
for a few months, for President Pierce, without solicitation upon the part of him- 
self or anyone else, tendered him the distinguished office of Commissioner of the 
General Land Office. He accepted, not without hesitation, and principally .in view 
of the fact that it would promote his knowledge of land law. 

Mr. Hendricks continued in this office at the request of the succeeding secre- 
tary, Jacob Thompson, of President Buchanan's administration, and remained 
commissioner until 1859, when he resigned to resume his law practice. He had 
brought to the place vast aptitude for the discharge of its duties, and the business 
and organizing faculty which its proper administration required. During his term 
and his superintendency of the one hundred and eighty clerks employed, twenty- 
two thousand contested cases were settled, and over four hundred thousand patents 
issued. The exercise of his functions was distinguished by careful surveys, early 
examinations and prompt decision of titles, ready aid to settlers, a recognition of 
the value to the remaining governmental domain of improvements upon pre-empted 
sections, and the assurance to owners under Federal grants of certain and unim- 
peachable rights. In his general view at that early day, and before the subject had 
become one of such vital apprehension as it is now, he regarded with most favor 
the claims of small settlers, and he guarded with jealous care against the absorp- 
tion of the public domain — the people's inheritance — by grasping monopolies, reck- 
less speculators, greedy corporations, and alien land-owners. 

His decisions were rarely overruled, and his services to the sections of the coun- 
try opened up in the days of his administration have been cherished in grateful 
memory by the people who were benefited. On July 5th, 1865, Senator Hendricks, 
visiting St. Paul, was tendered a banquet by the Common Council and citizens of 
that place "in recognition of his good offices toward Minnesota as Commissioner 
of the General Land Office and as United States Senator." In making a journey to 
San Francisco in 1869, passing through Omaha, he was received with a great pop- 
ular ovation, and five thousand people gathered in the evening to honor him and 
to listen to an oration on the state of the country, in the course of which he applied 
himself largely to the proper disposal of our public lands, and maintained, as he 



PUBLIC RECORD OF THOMAS A. HENDRICKS. 85 

had always held in official position, that every advantage in the disposition of them 
should be given to the private settler. 

In 1860, the democracy of Indiana insisted that Mr. Hendricks should become 
the nominee of the Democratic party for Governor. Though he clearly saw that 
the events of the day and time preshadowed defeat, he did not hesitate to take the 
lead of the party. He was defeated by Henry S. Lane. The bursting of the war 
cloud, which had been gathered summoned Mr. Hendricks to the work in hand 
and he took a clean and unswerving stand in support of the Union. The democracy 
of Indiana met in convention January 8, 1861, Mr. Hendricks, Chairman of the 
Committee on Resolutions, reported that " it was the highest aim and the most 
imperative duty of patriotism and philanthropy to preserve the Union of the States 
in its integrity and maintain the Federal compact in its spirit," 

Notwithstanding his clear and outspoken position, he was made the subject of 
bitter misrepresentations, to some of which he made reply in the following letter : 

Governor Hendricks' Views on the Reb 3llion. 

A letter to the Indianapolis Journal, Thursday, April 25th, 1861. 

"Indianapolis, April 24th. 

" Mr. Editor — My attention has been called to an editorial in the Journal this 
morning, in which it is stated that at a Union meeting held at Shelbyville a few 
evenings since a committee was appointed to wait upon me, with the request that 
I should speak ; that, being called upon by the committee, I refused to speak, 
saying that I had no hand in originating the difficulty, and would have nothing to 
do in extricating the country from its perilous condition. 

' ' The writer has been wholly misinformed. I never heard of the appointment 
of such a committee, and suppose none was appointed. No committee waited upon 
me with such a request. Had I been so honored, I certainly would have re- 
sponded. I have never withheld my views upon any question of public interest 
from the people of Shelby County. Upon all occasions, when it appeared proper, 
I have expressed my opinions in relation to our present troubles. Since the war 
commenced I have uniformly said that the authority of the Government of the 
United States is not questioned in Indiana, and that I regarded it as the duty of 
the citizens of 'Indiana to respect and maintain that authority, and to give the Gov- 
ernment an honest and earnest support in the prosecution of the war, until, in the 
providence of God, it may be brought to an honorable conclusion, and the blessings 
of peace restored to our country, postponing until that time all controversy in rela- 
tion to the causes and responsibilities of the war. No man will feel a deeper 
solicitude in the welfare and proud bearing of Indiana's soldiery in the conflict of 
arms to which they are called than myself. 

Allow me to add that in my judgment a citizen or newspaper is not serving the 
country well in the present crisis by attempting to give a partisan aspect to the 
war, or by seeking to pervert the cause of the country to party ends. 

Respectfully, 

THOMAS A. HENDRICKS. 

In June, 1863, upon the exciting popular question of the enrollment and the 
draft, Hendricks made a speech to the people of Rushville, Rush County, Indiana, 
in which he urged the necessity of obedience to the act and to all Constitutional 
enactments, both as a matter of duty upon the part of the citizens, and as the best 
means of preserving peace and order. In the course of this address he said : 
' ' Respect for legitimate authority and obedience to law has long been the cherished 
sentiment of the political party to which it is my pride to belong. The dangerous 
doclnne that the conscience of the citizen may sit in judgment upon Jaws enacted in 
proper form, with a view to their resistance, has never been adopted by any considerable 
portion of the people of this State, and has at all times been bitterly opposed by the 



86 PUBLIC RECORD OF THOMAS A. HENDRICKS. 

Democracy." A better exposition of the genius of Democracy it would be difficult 
to find. 

In the election of 1862 the Democrats obtained a majority of the Legislature on 
joint ballot. Early in 1863 Mr. Hendricks was elected United States senator, and 
the 4th of March of that year he took his seat. His reputation and his eminent 
public services in past years gave him a high place in the Senate at once, and he 
served with distinction and industry on the committees of claims, public buildings, 
judiciary, public lands and naval affairs. 

Senator Hendricks shared Mr. Lincoln's confidence and friendship. In March, 
1865, just before the assassination, Mr. Hendricks called at the White House to 
bid the President good-bye. To him, Lincoln said : 

" I know, Hendricks, that you are a Democrat ; but you have treated my Ad- 
ministration fairly, and I think it is due you now to say to you that things will 
shortly assume a shape across the river [turning and pointing to the Potomac] 
when I can have a general jubilee. " 

During the discussions of the reconstruction era, Senator Hendricks held 
closely to the theory, that the existence of a State which had been in rebellion 
"its organization as a State, its Constitution, which was the bond of its organiza- 
tion, continued all the way through the war ; and when peace came, it found the 
State, with its Constitution and laws unrepealed;' and in full force, holding that 
State to the Federal Union, except all laws enacted in aid of the Rebellion." 

In further support of his position, Mr. Hendricks said : 

' ' Mr. Lincoln, in most express terms, in most emphatic language, in language 
at the time somewhat offensive to some members of his own party, held the same 
doctrine ; and I call the attention of Senators to the proclamation to which I refer. 
In the first place, Mr. Lincoln, on the 8th of December, 1868, issued a proclama- 
tion, first, of general amnesty to those who would take a prescribed oath, and then 
assuring them that if the people of these States would recognize State Governments 
loyal in their character the Executive would respect and, under this clause of the 
Constitution, would guarantee those Governments. Here is his language— not 
calling upon Congress as the source of power for the action of the people, but 
appealing directly to the people independently of Congress. He says that if they 
will reorganize their State Governments such shall be recognized as the true 
Government of the State, and the State shall receive thereunder the "benefits of the 
Constitutional provision which declares that ' the United States shall guarantee to 
every State in this Union a republican form of government,' " etc. 

During the impeachment trial of Andrew Johnson, Benjamin "Wade, then 
Acting Vice-President took his seat as one of the triers in the case. Senator 
Hendricks challenged him and forcibly stated the objections that " no man should 
help to take from the President his office when that man is to fill the office if the 
proceeding succeed." Mr. Sumner characterized the question raised as one "of 
much novelty," but the parliamentary phases of it occupied two days in discussion. 

In 1868, Mr. Hendricks' position as a leader of the National Democracy was 
so undisputed that he was a leading candidate for the nomination for President at 
the New York National Democratic Convention, closely contesting the palm with 
General Hancock from the twenty-first ballot, when the General received one hun- 
dred and thirty-five and a half votes. Mr. Hendricks received one hundred and 
thirty-two. But in this ballot the break was made for Horatio Seymour, who was 
nominated. 

Much against his inclination in that campaign Mr. Hendricks was nominated 
for Governor in Indiana and was defeated again. In 1872, however, though he 
had doubted the advisability of the nomination of Horace Greeley by the 
Democracy, he was again chosen to bear the standard of Democracy in Indiana, 
and this time was elected. 



PUBLIC RECORD OF THOMAS A. HENDRICKS. 87 

During his term of Governor the Legislature adjourned without completing 
its business. Governor Hendricks brought it back straightway. His admonition 
that the neglected measures required little time, and that the members not yet 
having left the capital had not .earned mileage, brought about a prompt dispatch 
of the business and prevented an unnecessary prolongation of the extra session. 

During the same term, December 29, 1874, at the opening exercises of the 
State Teachers' Association, he delivered an address full of thoughtful concern for 
the educational interests of the State, which always had his earnest attention. 

Under his administration the debt of the State, which is now no considerable 
amount, was largely taken up, the credit of the Commonwealth sustained and 
enhanced, and its material affairs prospered. It was during this period that the 
financial issue threatened to divide the Democracy. As a sufficient answer to the 
misrepresentation which Mr. Hendricks' attitude toward this question has been 
subject to, there is appended here an extract from his speech in the Convention of 
1878. From these sentiments he never departed, through the Indiana platforms 
in some degree had transcended his views and also that of the Ohio Democracy, 
in the campaign when he went over to help them, but he invariably steered his 
course consistently with these sentiments : 

' ' We desire a return to specie payments. It is a serious evil when there are 
commercial mediums of diffent values ; when one description of our money is for 
one class and purpose, and another for a different class and purpose. We cannot 
too strongly express the importance of the policy that shall restore uniformity of 
value to all the money of the country, so that it shall be always and readily con- 
vertible. That gold and silver are the real standard of value is a cherished Demo- 
cratic sentiment not now or hereafter to be abandoned. But I do not look to any 
arbitrary enactment of Congress for a restoration of specie payments. Such an 
effort now would probably produce widespread commercial disaster. A Congres- 
sional declaration cannot make the paper currency equal to gold in value. It 
cannot make a bank note equal to your dollar. The business of the country alone 
can do that. When we find the coin of the country increasing, then we may 
know that we are moving in the direction of specie payments. The important finan- 
cial question is, How can we increase and make permanent our supply of gold ? 
The reliable solution is, by increasing our productions and thereby reducing our 
purchases, and increasing our sales abroad. He can readily obtain money who 
produces more than he consumes of articles that are wanted in the market, and I 
suppose that is also true of communities and nations." 

In 1876 a great wave of reform swept over the country, and conspicuous 
among those who had led the van in the aggressive march and battle against cor- 
rupt methods in the administration of affairs were Governors Tilden (of New 
York) and Hendricks (of Indiana). The Democratic National Convention assem- 
bled at St. Louis on the 27th day of June of that year. But two candidates were 
really before the convention, Tilden and Hendricks. The first ballot determined 
the result, and Governor Tilden was nominated. After that the demand was 
almost unanimous for Hendricks for Vice-President, and out of 788 votes he 
received 730. He accepted, and in his lettter of acceptance used these noble 
words : 

" The institutions of our country have been sorely tried by the exigencies of 
civil war, and since the peace by a selfish and corrupt management of public 
affairs which have shamed us before civilized mankind. By unwise and partial 
legislation, every industry and interest of the people have been made to suffer ; and 
in the executive departments of the government dishonesty, rapacity, and venalty 
have debauched the public service. Men known to be unworthy have been pro- 
moted, while others have been degraded for fidelity to official duty. Public office 
has been made the means of private profit, and the country has been offended to 
see a class of men who boast the friendship of the sworn protectors of the State 
amassing fortunes by defrauding the public treasury and by corrupting the ser» 



88 PUBLIC RECORD OF THOMAS A. HENDRICKS. 

vants of the people. In such a crisis of the history of the country, I rejoice that 
the convention at St. Louis has so nobly raised the standard of reform. Nothing 
can be well with us or with our affairs until the public conscience, shocked by the 
enormous evils and abuses which prevail, shall have demanded and compelled an 
unsparing reformation of our national Administration, ' in its head and in its mem- 
bers.' In such a reformation the removal of a single officer, even the President, 
is comparatively a trifling matter, if the system which he represents, and which 
has fostered him as he has fostered it, is suffered to remain. The President alone 
must not be made the scape-goat for the enormities of the system which infects 
the public service and threatens the destruction of our institutions. In some 
respects I hold that the present Executive has been the victim rather than the 
author of that vicious system. Congressional and party leaders have been stronger 
than the President. No one man could have created it, and the removal of no 
one man can amend it. It is thoroughly corrupt, and must be swept remorselessly 
away by the selection of a government composed of elements entirely new and 
pledged to radical reform." 

" With the industries of the people there have been frequent interferences. 
Our platform truly says that many industries have been impoverished to subsidize a 
few. Our commerce has been degraded to an inferior position on the high seas ; 
manufactures have been diminished ; agriculture has been embarrassed ; and the 
distress of the industrial classes demands that these things shall be reformed. 

' ' The burdens of the people must also be lightened by a great change in our sys- 
tem of public expenses. The profligate expenditure which increased taxation 
from five dollars per capita in 1860 to eighteen dollars in 1870, tells its own story of 
our need of fiscal reform. 

' ( Our treaties with foreign powers should also be revised and amended, in so far 
as they leave citizens of foreign birth in any particular less secure in any country 
on earth than they would be if they had been born upon our own soil ; and the 
iniquitous coolie system, which, through the agency of weal thy companies, imports 
Chinese bondmen, and establishes a species of slavery, and interferes with the just 
rewards of labor on our Pacific coast, should be utterly abolished. 

"In the reform of our civil service, I most heartily indorse that section of the 
platf omi which declares that the civil service ought not to be ' subject to change 
at every election,' and that it ought not to be made 'the brief reward of party 
zeal.' but ought to be awarded for proved competency, and held for fidelity in the 
public employ. I hope never again to see the cruel and remorseless proscription 
for political opinions which has disgraced the administration of the last eight 
years. Bad as the civil service now is, as all know, it has some men of tried 
integrity and proved ability. Such men. and such men only, should be retained 
in office ; but no man should be retained, on any consideration, who has prosti- 
tuted his office to the purposes of partisan intimidation of compulsion, or who has 
furnished money to corrupt the elections. This is done, and has been done, in 
almost every county of the land. It is a blight upon the morals of the country, 
and ought to be reformed. 

"Of sectional contentions and in respect to our common schools I have only 
this to say : That in my judgment, the man or party that would involve our 
schools in political or sectarian controversy is an enemy to the schools. The com- 
mon schools are safer under the protecting care of all the people than under the 
control of any party or sect. They must be neither sectarian nor partisan, and 
there must be neither division nor misappropriation of the funds for their support. 
Likewise I regard the man who would arouse or foster sectional animosities and 
antagonisms among his countrymen as a dangerous enemy to his country. All the 
people must be made to feel and know that once more there is established a purpose 
and policy under which all citizens of every condition, race and color will be 
secure in the enjoyment of whatever rights the Constitution and laws declare or 
recognize ; and that in controversies that may arise the Government is not a 
partisan, but within its constitutional authority the just and powerful guardian of 
the rights and safety of all. The strife between the sections and between races 
will cease as soon as the power for evil is taken away from a party that makes 
political gain out of scenes of violence and bloodshed, and the constitutional 
authority is placed in the hands of men whose political welfare requires that peace 
and good order shall be preserved everywhere." 



PUBLIC RECORD OF THOMAS A. HENDRICKS. 89 

How these gentlemen were elected in the November of that year, and how they 
were defrauded by a shameless conspiracy upon the part of the Republican leaders 
and the majority of the American voters robbed of their choice for president and 
vice-president is familiar to all. 

Eight years have passed and again Governor Hendricks is called to bear his 
part in the campaign, the great issue of which is whether honesty or dishonesty 
shall prevail in the administration of the affairs of government, and Mr. Hendricks 
bears aloft the banner upon which is inscribed the word honesty. 



90 RECORD OF BLAINE. 



Record of Blaine. 

For the office of President of the United States the Republican party has placed 
in nomination James G. Blaine, "'a candidate," declared by a convention of Re- 
publicans to be " an unfit leader, shown by his own words and his acknowledged 
acts, which are of official record, to be unworthy of respect and confidence ; who 
has traded upon his official trust for his pecuniary gain ; a representative of men, 
methods and conduct which the public conscience condemns, and which illustrate 
the very evils honest men would reform." 

These grave charges, deliberately made against the Republican candidate for 
President by Republicans, deserve the serious consideration of all men who have 
the welfare of the country at heart ; and to the end that an impartial investigation 
of Mr. Blaine's fitness or unfitness for the high trust to which he aspires may be 
had, a brief review is here given of Mr. Blaine's public life in Washington. 

Is He Honest? 

The first requisite for a candidate for office, according to the Jeffersonian 
standard, is honesty. Against Mr. Blaine the charge specifically made, and by 
Republicans, is, that he has traded upon his official trust for his pecuniary gain. 
The proof is of record, and was furnished by Mr. Blaine himself in what are 
known as the Mulligan letters. 

« 

The Mulligan Letters. 

The story of the Mulligan letters is briefly told. They were letters written by 
Mr. Blaine to Mr. Fisher concerning land grant railroad stocks and bonds, and 
they were held, with Fisher's consent, by his bookkeeper, James Mulligan. In the 
spring of 1876 unpleasant rumors of Mr. Blaine's connection with certain railroad 
transactions were in circulation, and became at last so pressing that he thought it 
necessary to meet them by a personal explanation in the House of Representatives. 

He made this explanation April 24. He stated in explicit terms that a charge 
against him had been made to this effect : " that a certain draft was negotiated at 
the house of Morton, Bliss & Co., in 1871, through Thomas A. Scott, then Presi- 
dent of the Union Pacific Railroad Company, for the sum of $64,000, and that 
$75,000 of bonds of the Little Rock and Fort Smith Railroad Company were 
pledged as collateral ; that the Union Pacific Company paid the draft and took up 
the collateral ; that the cash proceeds of it went to me, and that I had furnished or 
sold or in some way conveyed or transferred to Thomas A. Scott these Little Rock 
and Fort Smith bonds which had been used as collateral ; that the bonds had in 
reality belonged to me or some friend or constituent of mine for whom I was act- 
ing." Mr. Blaine then proceeded to deny this charge absolutely and entirely, 
declaring it to be " without one particle of foundation in fact, and without a tittle 
of evidence to substantiate it." In support of his denial he read letters from 
Thomas A. Scott and from Sidney Dillon, who succeeded Mr. Scott as President of 



RECORD OF BLAINE. 



91 



the Union Pacific Railroad. He admitted, however, that he had been the owner 
of honds in the Little Rock and Fort Smith road in 1869, but declared that he had 
paid the full market price for them, and that he had lost over $20,000 by the trans- 
action. He said further that " as to the question of the propriety involved in a 
member of Congress holding an investment of this kind, it must be remembered 
that the lands were granted to the State of Arkansas and not to the railroad com- 
pany, and that the company derived its life, franchise, and value wholly from the 
State." And later he repeated that "the Little Rock road derived all it had from 
the State of Arkansas and not from the Congress." He denied once more the 
charge against him by declaring that " the story of my receiving $64,000 or any 
other sum of money, or other thing of value, from the Union Pacific Railroad 
Company, directly or indirectly, or in any form, for myself or for another, is 
absolutely disproved by the most conclusive testimony " ; and closed by saying, 
' ' I have never done anything in my public career for which I could be put to the 
faintest blush in any presence, or for which I cannot answer to my constituents, 
my conscience, and the great Searcher of hearts." 

April 24, 1876, Cong. Record, 1st Sess., 44th Cong., Vol. 4, pt. 3, 
p. 2724. 

Investigating the Matter. 

On May 2, 1876, Mr. Tarbox introduced the following resolution which was 
agreed to : 

Whereas, It is publicly alleged, and not denied by the officers of the Union 
Pacific Railroad Company, that that corporation did in the year 1871 or 1872 
become the owner of certain bonds of the Little Rock and Fort Smith Railroad 
Company, for which bonds the said Union Pacific Railroad Company paid a con- 
sideration largely in excess of their actual or market value, and that the board of 
directors of said Union Pacific Railroad Company, though urged, have neglected 
to investigate said transaction ; therefore, be it 

Resolved, That the Committee on Judiciary be instructed to inquire if any such 
transaction took place, and, if so, what were the circumstances and inducements 
thereto, from what person or persons said bonds were obtained and upon what 
consideration, and whether the transaction was from corrupt design or in further- 
ance of any corrupt object ; and that the Committee have power to send for 
persons and papers. 

44th Cong., 1st Sess., H. R. misc. doc. 176, pt. 1, p. 2. 

Blaine Makes a Personal Explanation. 

Messrs. Hunton, Ashe and Lawrence were appointed a sub-committee of the 
Committee on Judiciary to conduct the investigation called for by this resolution 
and one previously adopted directing an inquiry into the management of all the 
railroads that had been aided by Congress, during the progress of which Mr. 
Blaine rose to a personal explanation, June 5, 1876, in the course of which he 
read the following letters : 

I. 
[Private and personal.] 

Augusta, Maine, August 31, 1872. 

My Dear Mr. Fisher : I have been absent so much of late that I did not 
receive your last letter until it was several days old. When I last wrote you, I 
was expecting to be in Boston on a political conference about this time, but I 
found it impossible to be there, and it is now impossible for me to leave here until 
after our election, which occurs Monday week, the 9th. I will try to meet you at 
the Parker House on the 10th or 11th, availing myself of the first possible moment 
for that purpose. 



$2 RECORD OF BLAINE. 

I cannot, however, allow a remark in your letter to pass without comment. 
Tou say that you have been trying to get a settlement with me for fifteen months, 
you have been trying to induce me to comply with certain, demands which 
you made upon me, without taking into account any claims I have of a counter 
kind. 

This does not fill my idea of a settlement, for a settlement must include both 
sides. 

No person could be more anxious for a settlement than I am, and if upon our 
next interview we cannot reach one, why then we try other means. 

But my judgment is that I shall make 3'ou so liberal an offer of settlement that 
you cannot possibly refuse it. 

As one of the elements which I wish to take into account is the note of 
$10,000 given you in 1863 for Spencer stock, I desire that you will furnish me with 
the items of interest on that note. My impression is that when that note was con- 
solidated into the large note, which you still hold, that you did not charge me full 
interest, possibly omitting one or two years. 

I will be obliged if you will give me information on this point, for I intend to 
submit to you a full and explicit basis of settlement, and in making it up it is 
necessary that I should have this information. Please send it as promptly as you 
may be able to give it to me. 

In haste, very truly yours, 

J. G. BLALXE. 

Warren Fisher, Jr., Esq. 

II. 

[Personal.] 

Augusta, Maine, August 9, 1872. 

My Dear Me. Fishee : On my return home yesterday I found your favor oi 
6th from Stonington, asking for my notes. §6.000, on account. It seems to me 
that a partial settlement of our matter would only lead to future trouble, or at all 
events to a mere postponement of our present difficulties. 

I deem it highly desirable that we should have a conclusive and comprehensive 
settlement, and I have been eager for that these many months. 

The account which you stated June 20, 1872, does not correspond precisely 
with the reckoning I have made of the indebtedness on the note you hold. You 
credit me, April 26, 1869, with 812,500 dividend from Spencer Company; but 
there were two subsequent dividends, one of $3,750, the other of $5,800, of which 
no mention is made in your statement, though I received in June, 1870, your 
check for $2,700 or $2,800, which was a part of these dividends, I believe. I think 
my "cash memorandum" of June 25, 1869, for $2,500, with which you charge 
me, represented at the time a part of the dividends ; but being debited with that, 
I am entitled to a credit of the dividend. 

In other words, as I reckon it, there are dividends amounting to $9,550 due me, 
with interest since June, 1870, of which I have received only $2,700 or $2,800, 
entitling me thus to a credit of some $7,500. 

Besides the cash memorandum January 9, 1864, $600, which with interest 
amounts to $904.10, was obviously included in the consolidated note which was 
given to represent all my indebtedness to you, and which you repeatedly assured 
me would be met and liquidated in good time by Spencer dividends. 

Tou will thus see that we differ materially as to the figures. Of course each 
of us is aiming at precisely the facts of the case, and if I am wrong, please correct 
me. I am sure that you do not desire me to pay a dollar that is not due, and I am 
equally sure that I am more than ready to pay every cent that I owe you. 



RECORD OF BLAINE. 



93 



The Little Rock matter is a perpetual and never-ending embarrassment to me. 
I am pressed daily almost to make final settlement with those who still hold the 
securities — a settlement I am not able to make until I receive the bonds due on 
your article of agreement with me. That is to me by far the most urgent and 
pressing of all the demands connected with our matters, and the one which I think, 
in all equity, should be first settled, or certainly settled as soon as any. 

If the $6,000 cash is so important to you, I would be glad to assist in raising 
the same for you on your notes, using Little Rock bonds as collateral at same rate 
they are used in Boston, four for one. I think I could get the money here on four 
or six months on these terms. If I had the money myself, I would be glad to ad- 
vance it to, but I am as dry as a contribution-box, borrowing, indeed, to defray 
my campaign expenses. 

Very sincerely yours, 

J. G. BLAINE. 

Warren Fisher, Jr., Esq., Boston. 

III. 

Augusta, Maine, July 3, 1872. 

My Dear Mr. Fisher : I was detained far beyond my expectations in New 
York and Pennsylvania, being there quite a week. I was in Boston on Monday 
en route home, but I was so prostrated by the heat that I had no strength or 
energy to call on you. 

It seems to me, as I review and recall our several conferences, that we ought 
not to have any trouble in coming to an easy adjustment, as follows : First, I am 
ready to fulfill the memorandum held by you in regard to the Northern Pacific 
Railroad, as I always have been ; second, you are ready to consider the land- 
bonds in my possession as surrendered in payment of the debt to which they were 
originally held as collateral ; third, I am ready to pay you the full amount of cash 
due you on memoranda held by you, provided you will pay me half the amount of 
bonds due me on memoranda held by me, the cash to be paid and the bonds to be 
delivered at the same time. As to further sale of the share in Northern Pacific 
Railroad, that could be determined af terward. I am ready to do all in my power 
to oblige you in the matter. 

If we can adjust the first and second points herein referred to, the third might 
be left, if you desire it, to the future. 

Hitherto I have made all the propositions of settlement. If this is not accept- 
able to you, please submit your views of a fair basis in writing. 

Sincerely yours, 

J. G. BLAINE. 
Warren Fisher, Jr., Esq. 

IV. 

Washington, April 26. 
My Dear Mr. Fisher : Yours of 24th received. There seems to be one great 
error of fact under which you are laboring in regard to my ability to comply with 
your request about the $10,000 letter of credit. I would gladly get it for you if I 
were able ; but I have not the means. I have no power of getting a letter of credit 
from Jay Cooke except by paying the money for it, and the money I have not got, 
and have no means of getting it. You ask me to do therefore what is simply impos- 
sible. Nothing would give me more pleasure than to serve you if I were able ; but 
my losses in the Fort Smith affair have entirely crippled me, and deranged all my 
finances. You would, I know, be utterly amazed if you could see the precise 



94 RECORD OF BLAINE. 

experience I have had in that matter. Very hitter, I assure you. Among other 
things, I still owe nearly all of the $25,000 which I delivered to Mr. Pratt, and 
this is most harassing and embarrassing to me. 

If you will give me the $76,500 of bonds which I propose to throw off as 
payment of the notes which you say I owe you, I will gladly get your ten-thou- 
sand-dollar letter of credit ; but if I release those bonds to you, as I propose, you 
can do the same for yourself. 

I am at loss to know what you mean by your repeated phrase that " I7iave 
denied everything." What have I denied? I do not so much as understand what 
you mean, and would be glad to have you explain. 

You reject the name of Ward Cheney as a friendly referee. Please suggest a 
name yourself of some one known to both of us. I mean for you to suggest a 
name in case you do not accept my basis of settlement proposed in my last letter 
preceding this. Yours, very truly, 

J. G. BLAINE. 

Warren Fisher, Jr., Esq. 

When do you propose to sail for Europe ? 

V. 

Washington, D. C, April 22, 1872. 

My Dear Mr. Fisher : Your brief note received. I do not know what you 
mean by my "not mentioning Northern Pacific and denying everything else." 

You have my obligation to deliver to you a specified interest in Northern 
Pacific, which I was to purchase for you, and in which I never had a penny's 
interest — direct or indirect. Some months ago you wrote me (twice) declaring 
that you would not receive the share, but demanding the return of the money. 
This was impossible, and I therefore could do nothing but wait. 

Nothing I could write would make my obligation plainer than the memorandum 
you hold. Nothing you could write would change my obligation under that mem- 
orandum. 

The matters between us are all perfectly plain and simple, and I am ready to 
settle them all comprehensively and liberally. I am not willing to settle those that 
benefit you and leave to the chances of the future those that benefit me. 

I am willing to forego and give up a great deal for the sake of a friendly settle- 
ment, and I retain a copy of this letter as evidence of the spirit of the offer I make. 
I think, if we cannot settle ourselves, a friendly reference would be the best chan- 
nel, and I propose Mr. Ward Cheney, who stands nearer to you certainly than he 
does to me. If this name does not suit you, please suggest one yourself. 
Very sincerely yours, 

J. G. BLAINE. 

Warren Fisher, Jr. 

VI. 

Washington, May 26, 1864. 

My Dear Sir : Your favor received. I am very glad, all things considered, 
that the Government has accepted your proposition to take all your manufacture 
till first of September, 1865. It gives a straight and steady business for the com» 
pany for a good stretch of time. 

In regard to the tax provision you can judge for yourself, as I send herewith a 
copy of the bill as reported from the Finance Committee of the Senate and now 
pending in that body — see pages 148, 149, where I have marked. In looking over 



RECORD OF BLAINE. 95 

the bill you will please observe that all words in italic letters are amendments pro- 
posed by the Senate Finance Committee, while all words included in brackets are 
proposed to be struck out by same committee. 

The provision which you inquire about was not in the original bill, but was an 
amendment moved from the Ways and Means Committee by Mr. Kasson, of Iowa, 
to whom I suggested it. It is just and proper in every sense, and will affect a 
good many interests, including your company. I am glad to hear such good 
accounts of your progress in the affairs of the company, of which I have always 
been proud to be a member. 

Tell Mr. Welles that his brother has been nominated by the Senate for com- 
missary of subsistence, with rank of captain. He will undoubtedly be confirmed 
as soon as his case can be reached. I will advise as soon as it is done. 

In haste, yours truly, 

J. G. BLAINE. 

Warren Fisher, Jr., Esq. 



VII. 

Washington, D. C, April 18, 1872. 

My Dear Mr. Fisher : I answered you very hastily last evening, as you 
said you wished an immediate reply ; and perhaps in my hurry I did not make 
myself fully understood. 

You have been for some time laboring under a totally erroneous impression in 
regard to my results in the Fort Smith matter. The sales of bonds which you 
spoke of my making, and which you seem to have thought were for my own 
benefit, were entirely otherwise. I did not have the money in my possession forty- 
eight hours, but paid it over directly to the parties whom I tried, by every means 
in my power to protect from loss. I am very sure that you have little idea of the 
labors, the losses, the efforts, and the sacrifices I have made within the past year 
to save those innocent persons, who invested on my request, from personal loss. 

And I say to you to-night, solemnly, that I am immeasurably worse off than if 
I had never touched the Fort Smith matter. 

The demand you make upon me now is one which I am entirely unable to 
comply with, I cannot do it. It is not in my power. You say that "necessity 
knows no law." That applies to me as well as to you, and when I have reached 
the point I am now at, I simply fall back on that law. You are as well aware as 
I am that the bonds are due me under the contract. Could I have these I could 
adjust many matters not now in my power, and so long as this and other matters 
remain unadjusted between us, I do not recognize the equity or the lawfulness of 
your calling on me for a partial settlement. I am ready at any moment to make 
a full, fair, comprehensive settlement with you on the most liberal terms. I will 
not be exacting or captious or critical, but am ready and eager to make a broad 
and generous adjustment with you, and if we can't agree ourselves, we can select 
a mutual friend who can easily compromise all points of difference between us. 

You will, I trust, see that I am disposed to meet you in a spirit of friendly 
cordiality, and yet with a sense of self-defense that impels me to be frank and 
expose to you my pecuniary weakness. 

With very kind regards to Mrs. Fisher, I am, yours truly, 

J. G. BLAINE. 

W. Fisher, Jr., Esq 



96 RECORD OF BLAINE. 

VIII. 

[Personal.] 

Augusta, Matxe, October 4, 1869. 

My Dear Sir : I spoke to you a short time ago about a point of interest to 
your railroad company that occurred at the last session of Congress. 

It was on the last night of the session when the bill renewing the land grant to 
the State of Arkansas for the Little Rock road was reached, and Julian, of 
Indiana, Chairman of the Public Lands Committee, and, by right, entitled to the 
floor, attempted to put on the bill, as an amendment, the Fremont El Paso 
scheme, — a scheme probably well known to Mr. Caldwell. The House was thin, 
and the lobby in the Fremont interest had the thing all set up, and Julians 
amendment was likely to prevail if brought to a vote. Roots and the other mem- 
bers from Arkansas, who were doing their best for their own bill (to which there 
seemed to be no objection), were in despair, for it was well known that the Senate 
was hostile to the Fremont scheme, and if the Arkansas bill had gone back to the 
Senate with Julian's amendment, the whole thing would have gone on the table 
and slept the sleep of death. 

In this dilemma Roots came over to me to know what on earth he could do 
under the rules ; for he said it was vital to his constituents that the bill should pass. 
I told him that Julian's amendment was entirely out of order, because not ger- 
mane ; but he had not sufficient confidence in his knowledge of the rules to make 
the point, but he said General Logan was opposed to the Fremont scheme, and 
would probably make the point. I sent my page to General Logan with the 
suggestion, and he at once made the point. I could not do otherwise than sustain 
it ; and so the bill was freed from the mischievous amendment moved by Julian, 
and at once passed without objection. 

At that time I had never seen Mr. Caldwell, but you can tell him that, without 
knowing it, I did him a great favor. 

Sincerely yours, 

J. G. BLAINE. 

W. Fisher, Jr., Esq., 24 India Street, Boston. 

IX. 

Augusta, October 4, 1869. 

My Dear Mr. Fisher : Find inclosed contracts of the parties named in my 
letter of yesterday. The remaining contracts will be completed as rapidly as cir- 
cumstances will permit. 

I enclose you a part of the Congressional Globe of April 9, containing the point 
to which I referred at some length in my previous letter of to-day. You will find it 
of interest to read it over and see what a narrow escape your bill made on that last 
night of the session. Of course it was my plain duty to make the ruling when the 
point was once raised. If the Arkansas men had not, however, happened to come 
to me when at their wits' end and in despair, the bill would undoubtedly have 
been lost, or at least postponed for a year. I thought the point would interest 
both you and Caldwell, though occurring before either of you engaged in the 
enterprise. 

I beg you to understand that I thoroughly appreciate the courtesy with which 
you have treated me in this railroad matter ; but your conduct towards me in 
business matters has always been marked by unbounded liberality in past years,. 



RECORD OF BLAINE. 97 

and, of course, I have naturally come to expect the same of you now. You urge 
me to make as much as I fairly can out of the arrangement into which we have 
entered. It is natural that I should do my utmost to this end. I am bothered 
only by one thing, and that is definite and expressed arrangement with Mr. Cald- 
well. I am anxious to acquire the interest he has promised me, but I do not get 
a definite understanding with him as I have with you. 

I shall be in Boston in a few days, and shall then have an opportunity to talk 
the matter over fully with you. I am disposed to think that whatever I do with 
Mr. Caldwell must really be done through you. 

Kind regards to Mrs. Fisher. 

Sincerly, 

J. G. BLAINE. 

W. F., Jr., Esq. 



Augusta, Maine, July 2, 1869. 

My Dear Mr. Fisher : You ask me if I am satisfied with the offer you make 
me of a share in your new railroad enterprise. 

Of course I am more than satisfied with the terms of the offer. I think it a 
most liberal proposition. 

If I hesitate at all, it is from considerations no way connected with the 
character of the offer. Your liberal mode of dealing with me in all our business 
transactions of the past eight years has not passed without my full appreciation. 
What I wrote you on the 29th was intended to bring Caldwell to a definite proposi- 
tion. That was all. 

I go to Boston by same train that carries this letter, and will call at your office 
to-morrow at twelve m. If you don't happen to be in, no matter. Don't put your- 
self to any trouble about it. 

Yours, 

W. Fisher, Jr. J. G. B. 

XI. 

Augusta, June 29, 1869. 
My Dear Mr. Fisher : I thank you for the article from Mr. Lewis. It is 
good in itself and will do good. He writes like a man of large intelligence and 
comprehension. 

Your offer to admit me to a participation in the new railroad enterprise is in 
every respect as generous as I could expect or desire. I thank you very sincerely 
for it, and in this connection I wish to make a suggestion of a somewhat selfish 
character. It is this : You spoke of Mr. Caldwell disposing of a share of his 
interest to me. If he really designs to do so, I wish he would make the proposition 
definite, so that I could know just what to depend on. Perhaps if he waits till the 
full development of the enterprise he might grow reluctant to part with the share ; 
and I do not by this mean any distrust of him. 

I do not feel that I shall prove a dead-head in the enterprise if I once embark 
in it. I see various channels in which I know I can be useful. 
Very hastily and sincerely, your friend, 

J. G. BLAINE. 
Mr. Fisher, 

India street, Boston. 
7 



98 RECORD OF BLAINE. 

XII. 

Washington, May 14, 1870. 
My Dear Mr. Fisher : I think, on the whole, I had better not insist on the 
$40,000 additional bonds at same rate. My engagement was not absolute, and I 
can back out of it with honor. I would rather do this than seem to be exacting 
or indelicate. 

Besides, I have always felt that Mr. Caldwell manifested the most gentlemanly 
spirit toward me, and designed to treat me handsomely in the end. On the whole, 
therefore, I shall be better off perhaps to let things remain as they are. But I will 
follow your judgment in this matter if I can find what it is. 

Very hastily, 

J. G. BLAINE. 
"W. Fisher, Esq. 

XIII. 

Augusta, October 1, 1871. 
My Dear Mr. Fisher : I am doing all in my power to expedite and hasten 
the delivery of that stock. The delay has been occasioned by circumstances 
wholly beyond my control. But I shall reach a conclusion within a few days and 
make the formal delivery then. It will be an immense relief to get it off my 
hands, I assure you ; far greater than it will be for you to receive it. 

You must have strangely misunderstood Mr. Caldwell in regard to his paying 
those notes. He has paid me in all just $6,000, leaving $19,000 due, which I am 
carrying here at 8 and 8% per cent, interest, and which embarrasses me beyond 
all imagination. I do not really know which way to turn for relief, I am so 
pressed and hampered. The Little Kock and Fort Smith matter has been a sore 
experience to me, and if you and Mr. Caldwell between you cannot pay me the 
$19,000 of borrowed money, I don't know what I shall do. Politically I am 
charged with being a wealthy man. Personally and pecuniarily I am laboring 
under the most fearful embarrassments, and the greatest of all these embarrass- 
ments is the $19,000 which I handed over under your orders, and not one dollar 
of which I have received. Of the $25,000 original debt, Mr. Caldwell has paid 
$6,000, and $6,000 only. Can you not give me some hope of relief in this matter ? 
It is cruel beyond measure to leave me so exposed and so suffering. 

You know my profound regard for you and my faith in you. We have been 
friends too long and too intimately to allow a shade between us now. 

Yours truly, 

J. G. BLAINE. 

XIV. 

Augusta, Maine, October 4, 1871. 

My Dear Mr. Fisher : You must have strangely misunderstood Mr. Cald- 
well's statement in regard to his paying me all but $2,500 of the $25,000 borrowed 
money which I loaned the company through him and you last January. Mr. 
Caldwell paid me in June $3,500, and in July $2,500 more, accepting at same time 
a draft for $2,500, July 10, ten days, which draft remains unpaid. I have, there- 
fore, received but $6,000 from Mr. Caldwell, leaving $19,000 (besides interest) due 
me to-day. 

For this $19,000 I am individually held, and, considering all the circumstances, 
I think you and Mr. Caldwell should regard it as an honorary debt, and you should 
not allow me to suffer for money which I raised under the peculiar circumstances 



RECORD OF BLAINE. 99 

attending this. It is a singularly hard and oppressive case, the features and facts 
of which are familiar to you and Mr. Caldwell. 

And then, again, I have been used with positive cruelty in regard to the bonds. 

I have your positive written contract to deliver me $125,000 laijl bonds and 
$32,500 first-mortgage bonds. The money due you on the contract was all paid 
nearly a year and a half ago. Of this whole amount of bonds due me I have 
received but $50,000 land grants, leaving $75,000 of those and $32,500 first-mort- 
gage still due. I know you are pressed and in trouble, and I don't wish to be too 
exacting ; rather I wish to be very liberal in settlement. 

Now, I make this offer : Pay me the cash due on the borrowed money account ; 
call it $19,000 in round numbers, and $40,000 land bonds, and we will call it 
square. 

Mr. Caldwell has repeatedly assured me that I should be paid all the bonds due 
me under contracts with you, and outside of that $20,000 due me from him. I 
now voluntarily offer to make a very large reduction if I can have the matter 
closed. 

I am without doubt the only person who has paid money for bonds without 
receiving them, and I think you will agree with me that I have fared pretty 
roughly. It would be an immense, immeasurable relief to me if I could receive 
the money in time to pay off the indebtedness here within the next six weeks, so 
that I can go to Washington this winter with the load taken off my shoulders. It 
was placed there in the fullest faith and confidence that you and Mr. Caldwell 
would not let me suffer. I still cling to that faith and confidence. You will much 
oblige me by showing this letter to Mr. Caldwell. 

Yours, very truly, 

J. G. BLAINE. 

W. Fisher, Jr., Esq., Boston. 



XV. 

Washington, D. C, April 13, 1872. 

My Dear Mr. Fisher : I have your favor of the 12th. I am not prepared to 
pay any money just now in any direction, being so cramped and pressed that I am 
absolutely unable to do so. Please send me a copy of the notes of mine held by 
you with indorsed payments thereon. 

I would have been glad, instead of a demand upon me for payment of notes, 
if you had proposed a general settlement of all matters between us that remain un- 
adjusted. There is still due to me on articles of agreement between us $70,000 in 
land bonds, and $31,000 in first-mortgage bonds, making $101,000 in all. For 
these bonds the money was paid you nearly three years ago. and every other party 
agreeing to take bonds on same basis has long since received its full quota. I 
alone am left hopeless and helpless, so far as I can see. Then there is the $25,000 
which I borrowed and paid over, under your orders, to Mr. Pratt, for which I 
have received no pay. Mr. Caldwell paid me a small fraction of the amount as I 
supposed, but he now says the money he paid me must be credited to another account 
on which he was my debtor, and that he denies all responsibility, past, present. 
and future, on the $25,000, for the payment of which I must, he says, look solely 
to you. I only know that I delivered the money to Mr. Pratt on your written 
order. I still owe the money in Maine, and am carrying the greater part of it at 8 
per cent. — nearly $2,000 per annum steady draw on my resources, which are 
slender enough without this burden. 



100 RECORD OF BLAINE. 

Still further, I left with Mr. Mulliken, January, 1871, $6,000 in land-grant 
bonds Union Pacific Railroad, to be exchanged for a like amount of Little Rock 
land bonds vMh Mr. Caldwell, he to change back when I desire. Mr. Caldwell 
declined to take them, and you took them without any negotiation with me or any 
authority from me in regard to the matter. You placed the Little Rock land 
bonds in the envelope, and I have the original envelope with Mr Mulliken's 
indorsement thereon of the fact of the delivery to you. Now, I do not complain of 
your taking the bonds, provided you hold yourself bound to replace them. The 
worst of the whole matter was that the bonds were only a part mine, and I have 
had to make good the others to the original owner. 

There are other matters to which I would refer ; but my letter is already long. 

I do not think, under the circumstances, it would be quite wise or kind in you 
to place any note or notes of mine that may happen to be in your possession in the 
hands of third parties as collateral. 

In any event I ask as a simple favor that you will not do so, and that you will 
send me by return mail a copy of all obligations of mine in your possession. 

Mrs. Blaine joins me in very kind regards to Mrs. Fisher, and in the expression 
of the hope that you may have a pleasant and profitable tour in Europe. 

Sincerely yours, 

Warren Fisher, Jr., Esq. J. G. BLAINE. 

In response to the request of Mr. Glover, Mr. Blaine sent to the Clerk's desk to 
be read the memorandum of Mr. Mulligan, containing a brief statement of the con- 
tents of each letter. It will be noticed that the letters read by Mr. Blaine were not 
in the order stated in Mr. Mulligan's memorandum. They have been printed here 
in the order in which they were read by Mr. Blaine. 

The Clerk read as follows : 

No. 1. October 4, '69, relating to debate in the House and Blaine's ruling, and 
favors he was to receive from C. for pressing bill extending time on first twenty 
miles. 

Mr. Blaine — That is what Mr. Mulligan puts down as the substance of the 
letters. 

The Clerk continued the reading as follows : 

No. 2. October 4, '69, on same subject. 

No. 3. June 27, '69, thanking Fisher for admitting him to participation in L. 
& F. R. R., and urging him to make call ; say how much he would give him, and 
for what. He knew he would be no dead head, but would render valuable assist 
ance. 

No. 4. July 25, '69, on the same subject. 

No. 5. September 5, '69, contract with different parties. 

No. 6. Contract with Northern Pacific. 

No. 7. May 14, '70, Caldwell designs to treat him handsomely in the end. 

No. 8. October 24, '71, Fisher to Blaine, urging settlement of N. P. R. account, 
$25,000. 

Mr. Blaine— There was no such letter in the package. The letter he speaks 
of seems to have been a letter from Mr. Fisher to myself. There was no such let- 
ter in the package ; and the numbers he gives do not call for it. There are fifteen 
letters and three pieces of paper. At any rate that was not a letter from me. 

The Clerk continued the reading as follows : 

No. 9. October 4, '71, Blaine admits that there was $6,000 paid on the $25,000 
loan and to have received $50,000 from Fisher. 



RECORD OF BLAINE. 



101 



JSTo. 10. October 1, '71, admits being paid $6,000 on account of loan. 

Mr. Blaine sold sundry parties $125,000 in first mortgage bonds, and common 
stock $125,000, preferred stock $125,000 ; for which was paid by them £125,000 
cash; and Mr. Blaine was to receive for his share of the transaction $125,000 in 
land-grant bonds, and $32,500 in first-mortgage bonds. Total, $157,500. 

Now, calling land and first mortgage bonds equal in value, and stock valueless 
for 8125,000 plus $157,000 equals $282,000 bonds ; cash $25,000 equals 44^ per 
cent. 

Mr. Blaine also sold sundry parties $63,000 bonds and $56,000 stock for cash 
$43,150. 

$15,150 less cash paid Mr. Blaine for his share in the transaction. 

$28,000 net cash received by Mr. Fisher for the above $63,000 bonds and 
$56,000 stock, equal 44|f per cent, for the bonds, calling stock nothing. 

Mr. Blaine in final settlement, September 21, 1872, claimed only $101,000 
bonds due December letter (December 3, 72) ; he previously received $61,000, and 
was to look to Caldwell for balance. 

Sept. 21, 72, received $40,000. 

No. 11. Apl. 13, 1872, saying there was $101,000 bonds due him, and claiming 
that there was due him on Union Pacific bonds exchanged $6,000, and admitting 
that there were some of them his own. 

No. 12. Apl. 18, 1872, admits the $64,000 sale bonds, and paid the money over 
in forty-eight hours to Maine parties. 

No" 13. Aug. 9, 72, as dry financially as a contribution-box, and borrowing 
money to defray his campaign expenses. 

No. 14. Aug. 31, 72, about settlement. 

No. 15. May 26, '64, says he was a partner in the Spencer Rifle Co, 

The following papers were printed with Mr. Blaine's speech : 

Foot-note — Papers I. J, and K, found with the letters surrendered by Mulligan, 
are hereto appended. The papers relating to the Northern Pacific road are not 
remembered by Mr. Blaine, the handwriting is not known to him, and he can 
recall no connection with them in any respect. They are, however, quite unim- 
portant. 

I. 

Cost of % of 1 share, $466,667, is $58,333 

y & of $416,667, to receive in bonds, is at par $52,083, 

at 90c, would be 46,875 

$11,458 

for which you will get y & of 541,234 stock, which is $67,654 ; and when the road is 
finished you will get % of 3,416,708, which is 427,088 in stock, besides your 
interest in the Land Company, which is proportionate. Bonds at par would make 
the above amount of stock cost about $6,250, 

J. 

Whereas, under certain agreements with the Northern Pacific Railroad 
Company, dated May 20, 1869, and January 1, 1870, Messrs. Jay Cooke & Co. 
have become fiscal agents for the negotiations of the securities of said company 
upon the terms therein stated ; and whereas, under said agreements, Jay Cooke & 
Co. become possessed of twelve of the twenty-four intergsts constituting the com- 
pany and representing its franchises ; and whereas, Jay Cooke & Co. , for the pur- 
pose of furnishing funds under their agreements as fiscal agents, for the construction 
and equipment of the road from its intersection with the Lake Superior and Mis- 
sissippi Railroad to the Red River, near the mouth of the Cheyenne, a distance of 
about two hundred and twentj^-five miles, forming a complete road from Lake 
Superior to the Red River, have offered to the subscribers, for the first five millions 
of dollars of the first-mortgage bonds of the company, the following terms, 
namely : 

The subscribers to purchase of Jay Cooke & Co. the said bonds bearing 7.3 gold 
interest at par, $5,000,000, and twelve interests in the companv at $50,000 each, 
$600.(/(J0, amounting in all to $5,600,000 ; or, sav twelve shares of $466,667 each, 



102 RECORD OF BLAINE. 

to be paid for in installments extending through about fifteen months, as the funds- 
may be required by the company, for which each share shall receive as follows : 

Bonds, one-twelfth of $5,000,000 $416,667 

Preliminary issue of stock $93,400 

Twenty per cent, stock commissions on bonds. . .. 83,334 

476,734 

and $40,500 stock upon completion of each section of twenty-five miles of the road. 

Thus, upon completion to Red river, estimating the distance at two hundred 
and twenty -five miles (nine sections of twenty- five miles each), each share will have 
received nine times $40,500, equal to $364,500, in addition to previously stated 
$176,734, say $541,234 stock ; and this proportionate issue continuing with the 
progress of the road, upon completion to the Pacific each share will have received 
in all $416,66? bonds and $3,416,708 stock (the fractions in all cases being 
adjusted in even figures), and the entire five millions of bonds will thus carry with 
them a total of $41,000,500 stock. 

It is designed in addition to organize a private land company for the purchase 
and sale of desirable town sites and other valuable lands, from which large profits 
are anticipated ; the interests in such company to be held in the same proportion 
with the subscriptions to the present agreement, and the funds required to be 
assessed correspondingly from time to time, of course, with the consent of the 
parties. 

Upon the foregoing terms, we, the undersigned, subscribe the shares and 
portions of shares set opposite our names, to be paid for in installments as called, 
the bonds to carry interest from date of payments. 

It is also hereby agreed by the subscribers, whose names are hereby annexed, 
that they will leave with Jay Cooke & Co. their proxies on all stock acquired 
under the terms of this agreement, and that they will not dispose of any of the 
first mortgage bonds subscribed for, unless with the consent of said Jay Cooke & 
Co., or until such sales shall cease to interfere with the plans of the fiscal agents, 
for providing of necessary funds for the completion and equipment of the whole 
line of road. 

K. 

Boston, September 5, 1869. 

Whereas I have, this day, entered into agreements with A. & P. Coburn, and 
sundry other parties resident in Maine, to deliver to them certain specified amounts 
of the common stock, preferred stock, and first-mortgage bonds of the Little Rock and 
Fort Smith Railroad Company, upon said parties paying to me the aggregate sum of 
$130,000, which several agreements are witnessed by J. G-. Blaine and delivered to 
said parties by said Blaine. 

Now this agreement witnesses, that upon the due fulfilment of the several con- 
tracts referred to, by the payment of the $130,000, and for other valuable consider- 
ations, the receipt of which is acknowledged, I hereby agree to deliver to J. G. 
Blaine, or order, as the same come into my hands as assignee of the contract 
for building the Little Rock & Fort Smith Railroad, the following securities, 
namely: Of the land bonds, 7 per cents., $130,000 ; of the first-mortgage bonds, 
gold, sixes, $32,500. And these $130,000 of land bonds and $32,500 of first-mort- 
gage bonds thus agreed to be delivered to said Blaine are over and above the securi- 
ties agreed to be delivered by Warren Fisher, Jr. , assignee, to the parties making 
the contracts, which parties, with the several amounts to be paid by each, and the 
securities to be received by each, are named in a memorandum on the next page of 
this sheet. 

And it is further agreed that in the event of any one of said parties failing to pay 
the amount stipulated, then the amount of securities to be delivered to said Blaine 
under this agreement shall be reduced in the same proportion that the deficit of 
payment bears to the aggregate amount agreed to be paid. 

WARREN FISHER, Jr., Assignee. 
Witness : 

Alvan R. Flanders. 
[Stamp.] 



RECORD OF BLAINE. 103 

Parties Contracting with Warren, Fisher, Jr. , Assignee, as Referred to in preceeding 

Agreement. 

TO PAY TO RECEIVE 



Pact. Common Preferred First-mortgage 

uasn * stock. stock. bonds. 

1. A. & P. Coburn $50,000 $50,000 $50,000 $50,000 

2. Peter F. Sanborn 10,000 10,000 10,000 10,000 

3. Anson P. Morrill 10,000 10,000 10,000 10,000 

4. Ralph C. Johnson 10,000 10,000 10,000 10,000 

5. P. R. Hazeltine 5,000 5,000 5,000 5,000 

6. C. B. Hazeltine 5,000 5,000 5,000 5,000 

7. K P. Monroe 5,000 5,000 5,000 5,000 

8. A. W. Johnson 5,000 5,000 5,000 5,000 

9. H. H. Johnson 5,000 5,000 5,000 5,000 

10. PhiloHersey 5,000 5,000 5,000 5,000 

11. Lot M. Morrill 5,000 5,000 5,000 5,000 

12. A. B. Farwell 5,000 5,000 5,000 5,000 

13. Joseph H. Williams 5,000 5,000 5,000 5,000 

14. Charles M. Bailey 5,000 5,000 5,000 ' 5.000 



$130,000 $130,000 $130,000 $130,000 

In addition to the above, there are to be delivered to J. G-. Blaine's order of the 
land bonds in 7s., currency, $130,000 ; first-mortgage bonds, 6s., gold, $32,500. 

Cong. Record 1st Sess. 44th Cong., Vol. 4, pt. 4, pp. 3602-3603, 3604-3605, 
3606, 3607, 3608 3609, et seq. 

It will be noted by the reader that Mr. Blaine in presenting these letters did 
not present them in the order of their dates, but purposely juggled them so as 
to confuse the judgment and to prevent his hearers gathering their full purport. 

How Blaine Obtained the Letters. 

Mr. Fisher was the contractor for a portion of L. R. & F. S. R. R., and was also 
in business in Boston as partners with a brother-in-law of Mr. Blaine. Mr. Mulligan 
was cashier of the Adams' Sugar Refinery, Boston, in which Mr. Fisher was a part- 
ner, and was also bookkeeper for Mr. Fisher. Mr. Mulligan had in his possession by 
Mr. Fisher's consent (see testimony of Mr. Fisher, Misc. Doc. 176, page 118), 
certain letters written in 1864-72 by Mr. Blaine to Mr. Fisher, and which Mr. 
Blaine supposed to have been given back to him in Sept. 1872. (Testimony of Mr. 
Blaine, Misc. Doc, 176, page 107.) 

When Mr. Mulligan reached Washington and before he testified, Mr. Blaine 
sent to ask Mr. Mulligan to call upon him, which the latter declined to do, 
whereupon Mr. Blaine called upon Mr. Mulligan at the Riggs House, and found 
him in the barber shop. The next day (May 31), Mr. Mulligan was sworn and 
examined as a witness (Misc. Doc, 176, page 93). He mentioned but did not 
exhibit any letters. What then occurred was stated by Mr. Hunton in his remarks 
in the House, as follows : 

In the course of his examination the first day Mr. Mulligan was testifying very 
quietly ; there was no excitement in the committee room at all when he happened 
to mention that he had in his possession certain letters written by Mr. Blaine to 
Warren Fisher, Jr. The mention of these letters seemed to have a remarkable 
rffect upon Mr. Blaine, for in a moment or two afterward he whispered to Mr. 



104 RECORD OF BLAINE. 

Lawrence, the Republican member of that committee, "Move an adjournment." 
It so happened that I heard the suggestion. Mr. Lawrence got up with great 
solemnity on his countenance and said, ' ' Mr. Chairman, I am very sick and I 
hope the" committee will adjourn/' [Laughter.] 

Mr. Lawrence rose. 

Mr. Hunton — I hope the gentleman is better to-day. 

Mr. Lawrence — Will my colleague on the committee allow me to ask a ques- 
tion or make a statement ? 

Mr. Hunton— Certainly. 

Mr. Lawrence — I will ask my colleague whether, when I went into the com- 
mittee-room on that morning, the first thing I said to him before I had spoken to 
anybody else, was not that I had been exceedingly sick during the night ? 
[Laughter.] I had been to Baltimore on the day before; and though I had not 
indulged in anything that would necessarily make me sick, yet I was extremely 
sick, so much so that it was with difficulty I sat there at all. I said simply what 
was true when I said that I was extremely unwell ; and as the gentleman knows I 
have been quite unwell ever since. [Laughter.] 

Mr. Frte — What time was it when it was proposed to adjourn ? 

Mr. Lawrence — It was then half-past twelve o'clock, half an hour beyond 
the time when the committee usually adjourns to attend the sittings of the House. 
Now, my friend says that he heard the remark of Mr. Blaine asking me to move to 
adjourn. It was not necessary that I should state what Mr. Blaine had said to me. 

Mr. Hunton — Nobody asked you to do so. 

Mr. Lawrence — The gentleman says he heard it ; but it was not necessary that 
I should state every ground for asking the adjournment. 

Mr. Hunton — Certainly not. 

Mr. Lawrence — It was sufficient that I deemed it necessary to ask an adjourn- 
ment. [Laughter.] 

Mr. Hunton — The gentleman has stated the matter exactly as it occurred. He 
did come in in the morning sick. 

Mr. Lawrence — Yes, sir. 

Mr. Hunton — But he went to work in a most vigorous style for two hours. 

Mr. Lawrence — But I became exhausted. 

Mr. Hunton — When those letters were mentioned the gentleman became sick, 
and somebody else sicker. [Laughter.] And the motion to adjourn was made at 
his suggestion. 

MrT Lawrence — It ought to be said in justice to Mr. Blaine that so far as any- 
thing said by him to me could indicate his purpose, the motion to adjourn sug- 
gested by him was not caused by any fear of what was going on. 

Thereupon the committee adjourned until ten o'clock the next morning ; and 
when the committee met James Mulligan was put upon the stand again to com- 
plete his examination which had been interrupted by the adjournment. 

Mr. Mulligan makes a Personal Explanation. 

Mr. Mulligan said, June 1 (Mis. Doc. 176, pt. 1, p. 98) : 

I wish to ask the indulgence of the Committee for a few moments to make a 
personal, and to me, a painful statement. When I first arrived in this city, and 
within about fifteen minutes after my arrival, there came a communication from 
Mr. Blaine to Mr. Fisher. Of course, I wish it understood that I am stating this 
under oath. 

Mr. Hunton — We so understand it. 

Mr. Mulligan — There came a communication from Mr. Blaine, inviting 
Fisner ana me up to his residence. I declined to go, for the reason that I did not 
want to have it said that I had gone to see Mr. Blaine. I wanted to come to this 
committee-room untrammeled by any influence. Mr. Fisher went up to Mr. 
Blaine's house, or at least, he so reported to me; and he told Mr. Blaine 
about certain facts that I could prove, and certain letters that I had got. Mr- 
Blame said that if I should publish them they would ruin him for life, 
or that if this committee got hold of them they would ruin him for life, 
and wanted to know if I would not surrender them. I told him "no," 
and that I would not give them to the committee unless it should turn out (hat it 
was necessary for me' to produce them. After my examination here yesterday, 



RECORD OF BLAINE. 105 

Mr. Blaine came up to the hotel, the Riggs House, and there had a conference 
with Mr. Atkins, Mr. Fisher, and myself. "He wanted to see these letters that 1 
had. I declined to let him see them. He prayed, almost went on his knees — I 
would say, on his knees — and implored me to think of his six children and his wife, 
and that if the committee should get hold of this communication it would sink him 
immediately and ruin him forever. I told him I should not give them to him. 
He asked me if I would let him read them. I said I would if he would promise me 
on the word of a gentleman that he would return them to me. I did let him 
read them over. He read them over once and called for them again and 
read them over again. / He still importuned me to give those papers up. 
I declined to do it. I retired to my own room and he followed me up, and went 
over the same history about his family and his children, and implored me to give 
them up to him, and even contemplated suicide. He asked me if I wanted to see 
his children left in that state, and he then asked me again if I would not let him 
look over these papers consecutively (I had them numbered). I told him I would 
if he would return them to me. He took the papers, read them all over, and among 
them I had a memorandum that I had made by way of synopsis of the letters, and 
referring to the numbers of the letters— a synopsis containing the point of the 
letters. I had made that memorandum so as to be able to refer to here when 
questioned. He asked me to let him read the letters and I showed him 
this statement too. After he had them read, he asked me what I 
wanted to do with those papers ; if I wanted to use them. I told him I never 
wanted to use the papers, nor would not show them to the commitee unless called 
upon to do so. Then he asked me if I would not give them to him. There was 
one letter in particular that he wanted me to give him. I told him I would not do 
it, and the only reason I would not do it was because I saw it stated in one of the 
evening papers here, the Star, I think, that the Blaine party were going to com- 
pletely break down the testimony that I had given yesterday — that they were satis- 
fied about that. I said I should not publish these letters unless my testimony were 
impeached or impugned. That was the only reason that I wanted to keep them, 
but I wanted to keep them for that purpose. These are the facts, gentlemen, and 
I leave them to you. If I understand the order under which the committee meets, 
this committee has power to send for persons and papers, and I want the com- 
mittee to get for me those papers. Mr. Blaine has got them, and would not give 
them up to me. 

By Mr. Lawrence — Mr. Blaine has these papers ? A. Yes ; he took them 
from me last night. 

To Mr. Lawrence — No one was present but Mr. Blaine and I. * * I did not 
get them (the letters) surreptitiously. They were given to me by Mr. Fisher for 
sny purpose I deemed proper. 

To Mr. Ashe — Mr. Biaine has the memorandum. 

Blaine Offers Mulligan a Consulship. 

The examination of Mr. Mulligan was continued at some length. He stated 
that Mr. Blaine asked him if he would not like a consulship. Mr. Blaine, though 
present, did not ask the witness any questions about the way in which he had lost 
possession of the letters. On the same day Mr. Blaine made a statement to the 
Committee, under oath, admitting that he had received the letters from Mr. 
Mulligan on his promise to return them, and that he had returned them once ; 
that later he secured them again and refused to restore them, assigning as his 
reason that Mr. Mulligan threatened to publish them if his testimony were 
impeached or impugned. [Mis. Doc. 176. pt. 1, p. 106.] 

The Chairman (Mr. Hunton) asked of Mr. Blaine the production of the letters 
obtained from Mr. Mulligan. This Mr. Blaine declined to do ; he declined, also, 
to produce, in answer to the request of the Chairman, the memorandum made 
by Mr. Mulligan of the contents of the letters (Mis. Doc. 176, pt. 1, p. 108). This 
was June 1. June 5, Mr. Blaine read in the House the letters above given, and 
which he described as every "scrap and scrimption" of what he had got from 



106 



RECORD OF BLAINE. 



Mulligan. June 10, Mr. Hunton again, on behalf of the Committee, requested 
the production of the letters and accompanying memorandum, and Mr. Blaine 
again refused. It was about this time Mr. Blaine had his timely sunstroke. The 
Committee held no further sessions. 

From the testimony, it appears that Mr. Blaine, at the beginning of the investi- 
gation, did not know the letters were in the possession of Mr. Mulligan ; that when 
the latter stated to the Committee that he had certain letters of Mr. Blaine's to Mr. 
Fisher, Mr. Blaine turned to the Republican member of the Committee, Mr. Law- 
rence, and entreated him to have the Committee adjourn ; that the Committee did ad- 
journ, and that Mr. Blaine visited Mr. Mulligan the same evening at his hotel, and 
begged him to give him the letters, and that his entreaty failing, he obtained pos- 
session of them by fraud, and refused to produce them when called upon by the 
Committee to do so. Whether all the contents of these letters were read by Mr. 
Blaine in the House or not, cannot be known, but it is certain that he refused to pro- 
duce them where he could be examined under oath as to their contents. They were 
not lead by him in chronological order, and although these letters have been pub- 
lished in newspapers in every State in the Union, and made the evidence for the 
charge of corruption in office, it is not recorded that the Plumed Knight, so prompt 
to fly to the defense of his honor, has ever instituted a suit for libel against any of 
the newspapers that have charged him with trading upon his official trust for his- 
pecuniary gain ; nor did he, while Senator, ask an investigation to demonstrate 
his innocence. To the grand inquest of the American people the evidence of his 
guilt is submitted, and their sober judgment may confidently be relied upon to 
punish wrong and uphold the right. 

Statement Concerning the Little Rock and Fort Smith 
Railroad Transactions, Arranged Chronologically. 

AUTHORITIES. 

Mr. Blaine's speeches and letters ; the " Congressional Globe " and "Record ;" 
evidence taken before the Judiciary Committee of the House of Representatives, 
44th Cong., 1st Sess. H. R. Mis. Doc. 176, pt. 1. 

EVIDENCE. 

A charter had been granted for a railroad from Little Rock to Fort Smith in 
1853, which had lapsed. 

July 28, 1868, the charter was renewed with some additions. (See " Cong. 
Globe," 1st Sess. 39th Cong., appendix p., 422, and Laws of the U. S., Chap. CCC, 
for full text of this act.) 

In 1869 this charter was in danger of lapsing, as the first twenty miles, 
required to be built within three years from the date of the act, were not com- 
pleted. 

April 8, 1869, a bill to extend the time for the Little Rock and Fort Smith Rail- 
road Company to complete the first section of twenty miles of said road was before 
the House, Mr. Blaine, Speaker, in the chair. Mr. Julian offered an amendment 
to the bill granting certain privileges to the Memphis, El Paso and Pacific Rail- 
road. Whereupon Mr. Logan said : 

Mn. Logan — I rise to a question of order, that this amendment is not germane 
to the pending bill. The bill is to revive a certain land grant and to extend the 
time, while the amendment is another charter for a Pacific Railroad, authorizing 
the building of bridges, granting the right of way and everything else of the sort. 
I have been in favor of the pending Arkansas bill, but I do not wish to be made 
to carry this Pacific Railroad bill. I do not think the amendment is in order. 



RECORD OF BLAINE. 



107 



The Speaker — The Chair sustains the point of order for two reasons. It is 
expressly prohibited by the rule that where a land grant is under consideration 
another grant to a different company shall be entertained. This is not a specific 
land grant, but it does give away the public land of the United States so far as to 
give the right of way. Again, by the rules, no proposition upon a subject 
different from that under consideration can be admitted under color of amendment. 

Compare letter of October 4, 1869, No. VIII., wherein Mr. Blaine states that 
he sent his page to Mr. Logan with the suggestion that he at once make the point 
of order, and requesting Fisher to tell Mr. Caldwell the great favor he had done 
him, and the following statement made by Mr. Blaine in his speech of April 
24, 1876 : 

" As to the question of propriety involved in a member of Congress holding an 
investment of this kind, it must be remembered that the lands were granted to the 
State of Arkansas, and not to the railroad company, and that the company derived 
its life, franchise, and value wholly from the State." 

The conclusion cannot be resisted after a perusal of Mr. Blaine's letter (No. 
VIII.) that the statement above quoted from his speech of April 24, was one he 
knew to be untrue when he uttered it. It is obvious that had the State of Arkan- 
sas been the beneficiary, Mr. Blaine could have rendered no ''great favor" to 
Caldwell. 

The Act Concerning Which Blaine was not a Deadhead. 

The following is the text of the act : 
Chap. xxvi. An Act to extend the Time for the Little Rock and Fort Smith 
Railroad Company to complete the first section of twenty miles of said road. 

Be it enacted by the Senate and House of Uejyresentatwes of the United States of 
America in Congress assembled, That an act approved July twenty-eight, eighteen 
hundred and sixty-six, entitled "An act to revive and extend the provisions of 
• An act granting the right of way and making a grant of land to the States of 
Arkansas and Missouri, to aid in the construction of a railroad from a point upon 
the Mississippi river, opposite the mouth of the Ohio river, via Little Rock, to the 
Texas boundary near Fulton in Arkansas, with branches to Fort Smith and the 
Mississippi river,' approved February nine, eighteen hundred and fifty-three, and 
for other purposes," be so amended as to extend the time of the Little Rock and 
Fort Smith Railroad Company, for building the first section of twenty miles pro- 
vided for in the second section of said act, for the term of three years from the 
thirteenth day of May, eighteen hundred and sixty-seven, the time of filing the 
certificate of organization to said company, provided for in the third section of 
said act ; 

Provided, That the land granted by the act hereby revived shall be sold to 
actual settlers only in quantities not greater than one quarter of a section to one 
purchaser, and for a price not exceeding two dollars and fifty cents per acre. 

Approved, April 10, 1869. 

June, 1869, Mr. Blaine desired a definite proposition concerning an interest in 
the Little Rock and Fort Smith Railroad, as is shown by his letters of June 29 (No. 
XI.), and July 2 (No. X.), which see. 

September 5, 1869, Mr. Blaine had been acting as agent for a valuable con- 
sideration in placing bonds of the Little and Rock Fort Smith Railroad. (See 
Appendix K, ante). Compare the terms of the agreement contained in Appen- 
dix K with the statement of Mr. Blaine^ April 24, 1876 : 

"In common with hundreds of other people in New England, and other parts 
of the country, I bought some of these bonds— not a very large amount— paying 
for them at precisely the same rates others paid." And again: "That instead 
of receiving bonds of the Little Rock and Fort Smith Railroad as a gratuity, I 
never had one except at the regular market price. - ' 



108 RECORD OF BLAINE. 

The speech of Mr. Blaine is again contradicted by his letters. If he bought 
these bonds "paying for them precisely the same rates as others paid." what could 
he mean by writing to Mr. Fisher June 29, 1869 (No. XI) : 

" Your offer to admit me to a participation in the new railroad enterprise is in 
every respect as generous as I could expect or desire." 

And under date of July 2, 1869 (No. X) : 

"Of course I am more than satisfied with the terms of the offer ; I think it a 
most liberal proposition." 

And again : 
' ' You spoke of Mr. Caldwell's offer to dispose of a share of his interest to 
me ; I wish he would make the proposition definite, so that I could know just 
what to depend on ? " 

And further : 

' • I am bothered by only one thing, and that is definite and expressed arrange- 
ments with Mr. Caldwell. I am anxious to acquire the interest he has promised 
me." 

It is manifest that these expressions refer to more than permission to buy the 
bonds at the same rates paid by others. 

The testimony of Mr. Mulligan bears on this point. 

Examination of Mr. Mulligan. 
By Mr. Blaine : 

Q. What were the bonds that went to the Maine parties ? what denomination 
of bonds were they, land grants or first mortgage bonds ? 

A. (Referring to memorandum.) I can tell you, sir, and I presume you won't 
dispute it, because it is in your own handwriting. (Producing memorandum 
book labeled, " Warren Fisher, Jr. , private, " which he hands to the chairman.) 
There are all the parties' names, if you want them. You can have the whole history 
now. 

By Mr. Hunton : 

Q. In whose handwriting is this book ? 
A. James G-. Blaine's. 

The Chairman — Now proceed to answer the question. 

The Witness— The $130,000 bonds that were sold to these different parties 
here were first mortgage bonds. 

By Mr. Blaine : 

Q. They were first mortgage and not land grant bonds ? 

A. Yes ; the next sale was on a different "lay" from that other. 

By Mr. Htjnton : 

Q. Was that to Maine parties ? 

A. Yes ; and sold on a different basis ; one man had $8,000 land grant bonds 
and $10,000 first mortgage bonds ; that was $18,000 for one man ; another man 
had $6,000 land grant bonds and $7,500 first mortgage bonds ; another had $9,000 
land grant bonds and $11,250 first mortgage bonds. 

Q. Were all the sales which you have referred to made by or through Mr. 
Blaine ? 

A. Yes. 

Q. And in addition to the bonds you have just spoken of as coming to these 
purchasers, what sort of bonds did Mr. Blaine get ? 

A. He was to get $130,000 of land grant bonds and $32,500 of first mortgage 
bonds. 
By Mr. Blaine : 

Q. You do not testify that I actually got these ? 

A. No, sir ; I say there is about $36,500 that are due you yet. 
By Mr. Htjnton : 

Q. That is, he got all except thirty-six bonds ? 

A. Yes. 



RECORD OF BLAINE. 



109 



By Mr. Frye : 
* Q. Do you know whether they were sent to him or to the Maine men ? 

A. I know that the men paid their subscriptions to me, and I gave receipts for 
them. 

Q. But do you know that Mr. Blaine got his ? 

A. I sent the other parties' bonds to them by express, and Mr. Blaine got his. 

By Mr. Htjnton : 

Q. You sent by express the bonds to the Maine party, and delivered to Mr. 
Blaine his in person ? 

A. No ; I didn't deliver them to him in person, but Mr. Fisher did so. Mr. 
Blaine has acknowledged that he got all those. I gave him myself one lot of forty. 

Q. He got all those $130,000 land bonds and $32,500 first mortage bonds, 
except $36,000 ; that is to say, thirty-six bonds ? 

A. Yes. 

The following are the contents of the memorandum book produced by the wit- 
ness, and which is labeled on the outer cover : 

" Warren Fisher, Jr., private." 

[First page of mem. look.'] 

Synopsis on next and following pages of the contracts made through J. G. 
Blaine by Warren Fisher, Jr. , as assignee of the contract for building the Little 
Rock & Fort Smith Railroad. 

[Second and third pages of mem. look.] 

Contracts made by Warren Fisher, Jr., with the following-named persons to 
deliver the stock and bonds named, on their paying the amounts named : 





Residence. 


To Pay. 


To Receive. 


Namk. 


Ccmmon 

Stock 


Preferred 

Stock. 


First m. 
Bonds. 




Skowhegan 


$50,000 V 

10,000 

10,000 V 

Vio.ooo 

^5,000 

Vs.ooo 

Vs.ooo 

Vs.ooo 

^5,000 

Vs.ooo 

V5,ooo 

5,000 

5,000 

Vs.ooo 


$50,000 

10,000 

10,000 

io,oco 

5,000 

5,000 

5,000 

5,000 

5,oco 

5,000 

5,000 

5,000 

5,000 

5,000 


$50,000 

10,000 

10,000 

10,000 

5,000 

5,000 

5,000 

5,000 

5,000 

5,000 

5,000 

5,000 

5,000 

5,000 


$50,000 






Reactfeld 

Belfast 


10,000 

10,OCO 

5,000 
5,000 
5,000 
5,000 
5,000 
5,000 
5,000 
5,000 
5»oco 
5,000 










(i 




(c 


x A. W. Johnson (dec'd) .... 


„ 


„ 




,, 






xA B Farnell 


Winthrop 


*Jos H Williams 


xC M Bailey 






$130,000 


$130,000 


$130,000 


$130,000 



[* The name, Jos. H. Williams,— "$5,000," is erased in pencil.] (See over.) 



[Fourth page of memorandum book.] 

, In addition to the common stock, preferred stock, and first mortgage bonds 
agreed to be delivered to the respective parties named on the preceding page, 
Mr. Fisher agrees to deliver to James G. Blaine a similar amount of land bonds 
and 25 per cent, of first-mort. bonds, viz.: 

Land bond, 7s $130,000 

First-mortgage bonds, 6s 32, 500 

The same to be del'd by Mr. Fisher as soon as ready for distribution. 



110 RECORD OF BLAINE. 

[Fifth page of memorandum booh.'] 

The other contracts on different bases are as follows : 

1. With Joseph A. Sanborn and Charles M. Bailey, Mr. Fisher agrees to 
deliver — 

$8,000 common stock. 
+8,000 preferred stock. 

8,000 land bonds. 
10,000 first-mortgage bonds. 
All for 12,500, payable— 
$600 ) ^3,000, November 25, 1869. 

#2,200 [■ 3.000, December 5, 1869. 

$1,700 ) 2,500, January 5, 1870. 

800, February 5, 1870. 
800, March 5, 1870. 
800, April 5, 1870. 
800, May 5. 1870. 
800, June 5, 1870. 



12,500 



The amounts inclosed on left-hand margin above $600, $2,200, $1,700, are pay- 
able by Mr. Fisher to Mr. Blaine. 

[Sixth page of memorandum hook. ] 
2. With James M. Hagar of Richmond, Mr. Fisher agrees to deliver — 
$6,000 common stock 
6,000 preferred stock. 
6,000 land-bonds, 7s. 
7,500 first-mortgage bonds, 6s. 
All for $9,500, payable— 
$1 ,200 ) $3,000, November 25, 1869. 

" .,400 }• 2.000, December 5, 1869, 

1,500, January 5, 1870. 
600, February 5, 1870. 
600, March 5, 1870. 
600, April 5, 1870. 
600, May 5, 1870. 
600. June 5, 1870. 



9,500 
The amounts inclosed on left-hand margin above, viz. : $1,200, $1,400, $900, 
are payable by Mr. Fisher to Mr. Blaine. 

[Seventh page of memorandum book.] 

CONTRACT DELIVERED. 

3. With Jeremiah Prescott, of Boston, Mr. Fisher agrees to deliver — 
$5,000 common stock. 
5,000 preferred stock. 
5,000 land bonds. 
6,250 first mortgage bonds. 
All for $6,150, payable— 
($1,150) $2,650. November 15, 1869. 

500, December 5, 1869. 
500, January 5, 1870. 
500, February 5, 1870. 
500, March 5, 1870. 
500, April 5, 1870. 
500, May 5", 1870. 
500, June 5, 1870. 



6,150 
The amount inclosed on left hand margin ($1,150), is payable by Mr. Fisher to 
Mr. Blaine. 



RECORD OF BLAINE. Ill 

CONTRACT DELIVERED. 

4. With Joseph A. Sanborn, of East Readfield, Me., Mr. Fisher agrees to 
deliver — 

$9,000 common stock. 
9,000 preferred stock. 
9 000 land bonds, 7s. 
11,250 first morgage bonds. 

All for $15,000, payable— 
$3,400 ) $7,000, December 5, 1869. 

^2,600 f 3,500, January 5. 1870. 

fcOO, February 5, 1870. 

900, March 5, 1870. 

900, April 5, 1870. 

900, May 5, 1870. 

900, June 5, 1870. 



15,000 



The amount inclosed on the left hand margins above, $3,400 $2,600, are pay- 
able by Mr. Fisher to Mr. Blaine, as commissions. 

The Witness — I desire to say that as to the entry to the name " Jos. H. 
Williams," that stock was not delivered ; he made one payment, but afterward 
withdrew, and then Mr. Fisher refunded him his money ; and so, of course, Mr. 
Blaine was not entitled to the $5,000 of those bonds, and his amount was reduced 
by that ; he was only entitled to $157,000 ; he was to get the $162,000, but when 
this fell through it reduced his percentage ; this memorandum was made here 
before it was known this man would back out 

By Mr. Lawrence : 

Q. " This man " is the man Williams, whose name is erased ? 

A. Yes ; it was all figured out there, and he had paid his first instalment, but 
afterwards went out ; this memorandum was made upon the supposition that he 
was not going out ; this memorandum book contains an account of all the Maine 
bonds and explains itself ; all these bonds (including the bonds forming second 
transaction in the memorandum book) were sold for so much cash ; the parties got 
so many bonds for so much money. There is the amount indicated in the margin, 
which Mr. Blaine got. At the foot there is indicated the amount of cash received. 

Q. I understand you to say that in this contract for the sale of bonds on page 5 
of the memorandum book, they were sold for an instalment in* cash amounting to 
$12,500? 

A. Yes ; here is the amount of bonds and stock they got, and there is the 
amount of cash they paid for it. 

Q. That is, the amount of cash received was $12,500? 

A. Yes. 

Q. And out of that $12,500 which Mr. Fisher received, Mr. Blaine got $600, 
$2,200, and $1,700? 

A. Yes. 

(Note. — It appears from the above memoranda of contracts that the aggregate 
of the amounts thus agreed to be paid Mr. Blaine was $162,500 in bonds and 
$15,150 in cash. The cash to be paid Mr. Blaine in the transactions numbered 1 
to 4, appears to have been an irregular amount ranging from 18 to 40 per cent., 
and in each case equal to the excess of the cash paid by the buyer over the par 
value of the land bonds ; of the $43,150 cash to be paid in these last four trans- 
actions, it appears Mr. Fisher was to receive $28,000 for the bonds delivered and 
Mr. Blaine to receive $15,150.) 

October 4, 1869. Mr. Blaine called attention to his ruling and its effects (see 
letters VIII and IX.) 

February 2, 1870. A bill, which became a law, was introduced into the 
House, repealing the proviso of the act of 1869, which limited the price at which 
lands granted the railroad could be sold. 



113 RECORD OF BLAINE. 

1871 and 1872. Mr. Blaine wrote repeatedly to Mr. Fisher on the subject of 
their transactions together. 

September 21, 1872. Mr. Blaine and Mr. Fisher had a settlement of their 
affairs regarding railroad matters, etc., at which time various letters were given 
back to Mr. Blaine. (Testimony of Mr. Blaine, Mis. Doc. 176, p. 107.) 

April 24, 1876. Mr. Blaine made a personal explanation in the House denying 
any connection with a transaction involving $75,000 L. R. and F. S. R. R. bonds, 
wliich the Union Pacific Railroad had at one time bought. In this explanation 
Mr. Blaine stated that he never had one (bond), except at the regular market price. 
(Cong. Rec. 44th Cong., 1st Sess. p. 2725.) He said : 

" To give a seeming corroboration of foundation to the story which I have dis- 
proved, the absurd rumor has lately appeared in certain newspapers that I was the 
owner of from $150,000 to £250,000 of the Little Rock and Fort Smith Railroad 
Bonds, which I received without consideration, and that it was from these bonds 
that Thomas A. Scott received his $75,000. The statement is gratuitously and 
utterly false. * * * " 

He further stated! 

" After the war all the grants of land previously made to the Southern States 
were renewed in gross in the session of 1865-66. The Little Rock and Fort Smith 
Company again received a grant from the State and again tried to raise money to 
build their road : but 1865, 1866, 1867, passed without their getting a dollar. 
Finally, toward the close of 1868 a company of Boston gentlemen, representing 
considerable capital, undertook its construction. In raising the requisite means 
they placed the bonds of the road on the New England market in the summer of 
1869, offering them on terms which seemed very favorable to the purchaser, and 
offering them at a time when investments of this kind were fatally popular. In 
common with hundreds of other people in New England and other parts of the 
country, I bought some of these bonds — not a very large amount — paying for them 
at precisely the same rate that others paid. I never heard and do not believe that 
the Little Rock Company — which I know is controlled by highly honorable men— 
ever parted with a bond to any person except at the regular price fixed for their 
sale. * * * Instead of receiving bonds of the Little Rock and Fort Smith road 
as a gratuity I never had one except at the regular market price, and that instead 
of making a large fortune out of that company I have incurred a severe pecuniary 
loss from my investment in its securities which I still retain." 

Compare contract, of September 5, 1869, p. — , ante. 

He further stated : 

" As to the question of propriety involved in a member of Congress holding an 
investment of this kind, it must be remembered that the lands were granted to the 
State of Arkansas, and not to the railroad company, and that the company derived 
its life, franchise and value wholly from the State. And to the State the company 
is amenable and answerable, and not in any sense to Congress." 

See Act of 1869, ante— , and letters Oct, 4, 1869, ante— . 

Mulligan's Character Sworn to. 

In the brief history of the Mulligan letters here given, it has not been attempted 
to go into the details of the testimony of Mr. Fisher, Mr. Atkins, Mr. Blaine, or 
even Mr. Mulligan, but enough, it is thought, has been presented to give a com- 
prehensive view of Mr. Blaine's transactions in regard to the bonds of the Little 
Rock & Fort Smith Railroad. The proof presented in the letters of Mr. Blaine and 
in the memorandum-book in his own handwriting, seems conclusive even without 
the testimony of Mr. Mulligan. Mr. Blaine did not attempt to impeach the testi- 
mony of this important witness. Mr. Fisher was asked : 

Q. What is his (Mulligan's) character ? 

A. His character is the best. I would say it is as good as, or perhaps better, 
than that of any man that I ever knew. 



Iiq 
RECORD OF BLAINE. ' 

Q. What is his reputation for truth and veracity ? 

A. I never heard it questioned. 

Mr. Atkins was asked : What is Mr. Mulligan's reputation ? 

A. I have never heard anything against it. 

Q. What is his reputation for truth and veracity? 

A. I have never doubted anything he said. 

One of Blaine's Side Speculations. 

It will be seen that there are references in some of the letters to an interest in 
the Northern Pacific Kailroad. As throwing further light on this part of the sub- 
ject, we print here the following interesting letter from Mr. Blaine to Mr. Fisher 
which does not appear among those read by Mr. Blaine in the House : 

Augusta, Me., November 25, 1870. 

My Dear Mr. Fisher : A year ago and more I spoke to you about purchasing 
an interest in the Northern Pacific Railroad for yourself and any you might choose 
to associate with yourself. The matter passed by without my being able to control 
it, and nothing more was said about it. Since then the Jay Cooke contract has 
been perfected, the additional legislation has been obtained, and 230 miles of the 
road are well-nigh completed, and the whole line will be pushed forward rapidly. 
By a strange revolution of circumstances I am again able to control an interest, 
and if you desire it you can have it. The whole road is divided into twenty-four 
shares, of which Jay Cooke & Co. have twelve. The interest I speak of is one- 
half of one-twenty-fourth, or one one-hundred -and-ninety-second of the entire 
franchise, being that proportion of the eighty-one millions of stock that are being 
divided as the road is built, and a like proportion of the Land Company stock that 
is formed to take and dispose of the 52,000,000 acres of land covered by their grant 
as amended by their law of last session. The amount of stock which this 1-192 
would have in the end would be about $425,000, and the number of acres of 
land it represents is nearly 275,000. The road is being built on the 7.30 bonds, 
$25,000 to the mile, which Jay Cooke takes at 90. Instead of mortgaging the 
land, they make a stock company for its ownership, dividing it pro rata among 
the holders of the franchise. The whole thing can be had for $25,000, which is 
less than one-third of what some other sales of small interest have gone at. I do 
not suppose you would care to invest the whole $25,000. I thought for a small 
flyer eight or ten of you in Boston might take it — $2,500 each. For $2,500 thus 
invested you would get ultimately $42,000 stock and the avails of some 27,000 
acres of land. Five of you at $5,000 each would have a splendid thing of it. 

The chance is a very rare one. I can't touch it, but I obey my first and best 
impulse in offering it to you. 

All such chances as this since Jay Cooke got the road have been accompanied 
with the obligation to take a large amount of the bonds at ninety, and hold them 
not less than three years. I will be in Boston Tuesday noon, and will call upon 
you. Of course if you don't want it let it pass. You will receive an immediate 
issue of stock to a considerable amount, and certificates of land stock also. Of 
course, in conferring with others, keep my name quiet, mentioning it to no one 
unless to Mr. Caldwell. I write under the presumption that you have returned. 
But I have heard nothing. Yours truly, 

J. G. BLAINE. 

This offer was accepted by Fisher, as appears from the following receipt : 
Received of Warren Fisher, Jr., $25,000, in trust, in consideration of which 
I am to deliver to said Fisher properly authenticated certificates of interest in 
the North Pacific Railway Company, equivalent to one-eighth part of one Gf 
the twenty-four principal shares in which the franchise stock of said company 
are divided. Certificates to be in the name of Elisha Atkins. 

Witness my hand, 

JAMES G. BLAINE. 



114 



RECORD OF BLAINE. 



The (N. Y.) Evening Post on Blaine. 

The charges against Mr. Blaine were stated seriatim by the 1ST. Y. Evening Post 
(Rep.): 

The First Charge. 

The first of these charges is that in the spring session of Congress in 1869 a 
hill was before the House of Representatives which sought to renew a land grant 
to the Little Rock and Fort Smith Railroad of Arkansas, in which some of Mr. 
Blaine's friends were interested ; that an attempt to defeat it by an amendment 
was made, and was on the point of being successful, and its promoters were in 
despair ; that at this juncture Mr. Blaine, being then Speaker of the House, sent a 
message to General Logan to make the point of order that the amendment was not 
germane to the purposes of the bill ; that this point of order was accordingly 
raised and promptly sustained by Mr. Blaine as Speaker, and the bill was in this 
manner saved ; that Mr. Blaine wrote at once to the promoters, calling attention 
to the service he had rendered them, and finally, after some negotiations, secured 
from them, as a reward for it, his appointment as selling agent of the bonds of 
the road, on commission, in Maine, and received a number of such bonds as his 
percentage ; that the leading features of this transaction appeared in two letters of 
his afterward made public, dated respectively June 29 and October 4, 1869. 

The Second Charge. 

Second — That he asserted at first on the floor of the House, with the view of 
covering up this affair, that the Little Rock and Fort Smith road "derived its life, 
franchise and value wholly from the State," and not from Congress, whereas the 
evidence subsequently taken by the Congressional Committee disclosed the fact 
that the road derived the value on which these bonds were based from the act of 
Congress of which Mr. Blaine secured the passage in the manner above described 
in 1869 ; that he asserted on the floor of the House that the bonds he received 
"were bought by him at precisely the same rate as others paid," whereas the evi- 
dence showed that the bonds came to him as commissions on sales, which he secured 
the opportunity of making through his aid given to the work in Congress, and that 
he solicited this agency, basing his request on the aid so given, and that he paid noth- 
ing whatever for the bonds, the consideration being his ruling as Speaker and his 
subsequent efforts to sell them. What he did with these bonds, seventy-five in 
number, is uncertain ; but strong, though not conclusive, evidence was produced 
going to show that they were taken off his hands at a good price by the Union 
Pacific Railroad (through the instrumentality of one Caldwell), which then also was 
in trouble. The investigation on this point was never pushed home, owing to the 
sudden illness which overtook Mr. Blaine in 1876. 

The Third Charge. 

Third — That Mr. Blaine, in 1870, made an offer, as appeared by his own 
letters, to one of his railroad friends, Mr. Warren Fisher, of Boston, to sell him a 
half of one-twenty-fourth interest in the Northern Pacific railroad, immediately 
after Jay Cooke's contract "had been perfected and the additional legislation had 
been obtained," he having, he said, come into control of this interest, "by a 
strange revolution of circumstances ; " that the amount of stock which this would 
represent, he said, would be $425,000, and the number of acres of land " nearly 
275,000." "The chance," he said, "was a very rare one; he couldn't touch it," 
but he offered it to Mr. Fisher for S25,000 ; that Mr. Fisher accepted it and paid 
the money, but for some unexplained reason the stock was never delivered, and Mr. 
Blaine subsequently returned the amount. This transaction was a very peculiar 
one for the following reasons : 

It appears from acts of Congress relating to the road, none of which are of 
older date than July 2, 1864, that the authorized stock was $100,000,000, with a 
land grant estimated by the Commissioners of Public Lands at 47,000,000 acres, or 
74,423 square miles. The line of the road was 2,000 miles long, and at the time of 
Blame's letter to Fisher it was, he says, being built on bonds at $25,000 a mile, 
which would have made a bonded debt of $50,000,000. Mr. Blaine, as member of 
Congress and Speaker of the House, must be taken to have known about the cir- 



RECORD OF BLAINE. 



11> 



cumstances of the road, and there, therefore, seems no escape from the conclusion 
that his offer was based on the expectation that he would receive almost as a gift a 
share in an enterprise dependent for its value on legislation in which he had taken 
part. Mr. Blaine's defense in the case of this transaction consisted at first of a 
denial that he had ever had any transaction with the road at all, but he afterward 
rested on the fact that he had no pecuniary interest in the transfer, and that it was 
never actually made ; but though this might be a defense to a suit against him for 
a conspiracy to defraud purchasers of the stock, it does not affect in any way the 
nature of the offer. His relations with Warren Fisher were in 1870, as appeared 
from the evidence, such that any favor done the latter, or gift presented to him, 
had a direct pecuniary value. 

The Fourth Charge. 

Fourth — Because he obtained certain letters, which there is every reason to be- 
lieve contained matter gravely compromising him, from a perfectly reputable wit- 
ness, Mr. Mulligan, who was the proper and lawful custodian of them, after hav- 
ing vainly applied appeals to his pity, by pledging his word of honor to restore 
them, then broke this pledge, retained them by force, and subsequently read such 
of them as he pleased to the House in aid of his vindication ; that this conduct, if 
not legally criminal, was such as no man aspiring to be the chief magistrate of a 
great nation ought to be even suspected of. 

The Fifth Charge. 

Fifth — That both his short service as an executive officer of the Government 
and the various efforts he has made during the past eight years to keep the public 
in mind of him, have been sensational and theatrical, indicating a strong love of 
notoriety and an absence of the settled convictions, the sober judgment and the 
steadiness of character which are needed to make him a safe occupant of any high 
or responsible administrative office ; and that the means by which his "booms " are 
started and promoted, of which the manner in which his "history" has recently 
been heralded and produced is a good example, bear too close an approach to the 
advertising devices of a circus or other public show to make the candidacy of any 
person resorting to them anything but a humiliation for the party producing them. 

The New York Herald on Blaine. 

The N. Y. Herald, of June 3, 1876, voiced the sentiments of the independent 
press at the time of the exposure in the following words : 

No one can doubt, after reading the evidence of that curious creature Mulligan, 
that Mr. Blaine is not worthy of the confidence of the country, and especially in a 
position as elevated as the Presidency of the United States. The nature of this 
evidence has been explained to our readers at length. There is no difficulty in un- 
derstanding the exact position of Mr. Blaine. By his own words and acts, by his 
written letters, which, by suppressing he admits to be improper, he shows that his 
relations with a shameless gang of jobbers and swindlers were inconsistent as a 
severe guardian of the people's interest. We may say, " shameless gang of jobbers, 
and swindlers," because the history of our whole Pacific legislation is that of jobbery 
striving to use the generosity of the Government to further private ends. It was 
this legislation which enabled the Union Pacific Railway to have a taw passed which 
virtually robs the Government of a hundred, or, as some say, two hundred millions 
of dollars. The men who had any hand in this gigantic robbery, and for robbery 
it was, deserves no mercy from the American people. A part of the Nation's ven- 
geance was visited upon some of them in the resolutions expelling and censuring 
certain members and Senators, and in the moral condemnation which has fallen 
upon others. It is no wonder that the country should look with suspicious eyes 
upon the arts of a man as conspicuous as Mr. Blaine which shows his connection 
with any share of that Pacific legislation. Mr. Blaine admits that in that time of 
wild legislation and general corruption he took a prominent part not only in 
advancing the interests of such railways as the Union and Northern Pacific* but 
also the sale of their stock and bonds. He admits that he made money in this 
manner out of what was fairly due him as '"commissions." He contends, 



116 RECORD OF BLAINE. 

naturally enough, or rather it is the argument of his friends, that this is his own 
affair, with which no Congress has anr business, and that because a gentleman 
enters into public life he does not necessarily deprive himself of every means of 
livelihood. There would be force in this argument but for the fact that the only 
value the stocks and bonds which Mr. Blaine " earned'" came from the legislation 
of Congress, that for this legislation he was. more than any other member respon- 
sible, that by this legislation, as we see by the decree of the Supreme Court, the 
Treasury was robbed. Mr. Blaine can give no explanation of his relations with 
any one of these railways consistent with his duties as an honorable, self-respecting 
member of the House, and, as our Washington correspondent puts it, the 
developments remove him from any consideration as a candidate for the Presi- 
dency. 

The Friend of Railroads. 

The most important act ever passed to check the power of railroads and to 
compel them to fulfill the obligations entered into at their incorporation, was the 
Thurman act, approved May 7, 1878. This act is of such importance and the 
interest affected by it so vast that it is here reproduced in full : 

CHAP. 96. — An act to alter and amend the act entitled "An act to aid in the 
construction of a railroad and telegraph line from the Missouri River to the 
Pacific Ocean, and to secure to the government the use of the same for postal, 
military, and for other purposes,''" approved July first, eighteen hundred and 
sixty -two, and also to alter and amend the act of Congress, approved July 
second, eighteen hundred and sixty-four, in amendment of said first-named act. 
Whereas, on the first day of July, anno Domini eighteen hundred and sixty- 
two, Congress passed an act entitled "An act to aid in the construction of a rail- 
road and telegraph line from the Missouri River to the Pacific Ocean, and to 
secure to the government the use of the same for postal, military, and other pur- 
poses : and 

Whereas, afterward, on the second day of July, anno Domini eighteen hun- 
dred and sixty-four, Congress passed an act in amendment of said first-mentioned 
act ; and 

Whereas, the Union Pacific Railroad Company, named in said acts, and under 
the authority thereof, undertook to construct a railway, after the passage thereof, 
over some part of the line mentioned in said acts ; and 

Whereas, under the authority of the said two acts, the Central Pacific Railroad 
Company of California, a corporation existing under the laws of the State of Cali- 
fornia, undertook to construct a railway, after the passage of said acts, over some 
part of the line mentioned in said acts ; and 

Whereas, the United States, upon demand of said Central Pacific Railroad 
Company, have heretofore issued, by way of loan, and as provided in said acts, to 
and for the benefit of said company* in aid of the purposes named in said acts, the 
bonds of the United States, payable in thirty years from the date thereof, with 
interest at six per centum per annum, payable half-yearly, to the amount of 
twenty-five million eight hundred and eighty-five thousand one hundred and 
twenty dollars, which "said bonds have been sold in the market or otherwise dis- 
posed of by said company ; and 

Whereas, the said Central Pacific Company has issued and disposed of an 
amount of its own bonds equal to the amount so issued by the United States, and 
secured the same by mortgage, and which are, if lawfully issued and disposed of, 
a prior and paramount hen. In the respect mentioned in "said acts, to that of the 
United States, at stated, and secured thereby ; and 

Whereas, after the passage of said acts, the Western Pacific Railroad Com- 
pany, a corporation then existing under the laws of California, did, under the 
authority of Congress, become the assignee of the rights, duties, and obligations 
of the said Central Pacific Railroad Company, as provided in the act of Congress 
passed on the third of March, anno Domini eighteen hundred and sixty-five, and 
did, under the authority of the said act and of the acts aforesaid, construct a rail- 
road from the city of San Jose to the city of Sacramento, in California, and did 
demand and receive from the United States the sum of one million nine hundred 
and seventy thousand five hundred and sixty dollars of the bonds of the United 
States, of the description before mentioned as issued to the Central Pacific Com- 



RECORD OF BLAINE. 117 

pany. and in the same manner and under the provisions of said acts ; and upon 
and' in respect of the bonds so issued to both said companies, the United States 
have paid interest to the sum of more than thirteen and a half million dollars, 
which has not been reimbursed ; and - 

Whereas, said Western Pacific Railroad Company has issued and disposed of 
an amount of its own bonds equal to the amount so issued by the United States to 
it. and secured the same by mortgage, which are, if lawfully issued and disposed 
of, a prior and paramount lien to that of the United States, as stated and secured 
thereby ; and 

Whereas, said Western Pacific Railroad Company has since become merged in, 
and consolidated with, said Central Pacific Railroad Company, under the name of 
the Central Pacific Railroad Company, whereby the said Central Pacific Railroad 
Company has become liable to all the burdens, duties, and obligations before resting 
upon said Western Pacific Railroad Company ; and divers other railroad compa- 
nies have been merged in and consolidated with said Central Pacific Railroad Com- 
pany ; and 

Whereas, the United States upon the demand of the said Union Pacific Rail- 
Toad Company, have heretofore issued hy way of loan to it and as provided in 
said acts, the bonds of the United States, payable in thirty years from the date 
thereof, with interest at six per centum per annum, payable half-yearly, the 
principal sums of which amount to twenty-seven million two hundred and thirty- 
six thousand five hundred and twelve dollars ; on which the United States have 
paid over ten million dollars interest over and above all reimbursements ; which 
said bonds have been sold in the market or otherwise disposed of by said corpora- 
tion ; and 

Whereas, said corporation has issued and disposed of an amount of its own 
bonds equal to the amounts so issued to it by the United States as aforesaid, and 
secured the same by mortgage, and which are, if lawfully issued and disposed of, 
a prior and paramount lien, in the respect mentioned in said acts to that of the 
United States, as stated, and secured thereby ; and 

Whereas, the total liabilities (exclusive of interest to accrue) to all creditors, 
including the United States, of the said Central Pacific Company, amount in the 
aggregate to more than ninety-six million dollars, and those of the said Union 
Pacific Railroad Company to more than eighty-eight million dollars ; and 

Whereas, the United States, in view of the indebtedness and operations of said 
several railroad companies respectively, and of the disposition of their respective 
incomes, are not and cannot, without further legislation, be secure in their inter- 
ests in and concerning said respective railroads and corporations, either as men- 
tioned in said acts or otherwise ; and 

Whereas, a due regard to the rights of said several companies respectively, as 
mentioned in said act of eighteen hundred and sixty-two, as well as just security 
to the United States in the premises, and in respect of all the matters set forth in 
said act, require that the said act of eighteen hundred and sixty-two be altered and 
amended as hereinafter enacted ; and 

Whereas, by reason of the premises also, as well as for other causes of public 
good and justice, the powers provided and reserved in said act of eighteen hun- 
dred and sixty-four for the amendment and alteration thereof ought also to be 
exercised as hereinafter enacted ; therefore, 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the net earnings mentioned in said act of 
eighteen hundred and sixty-two, of said railroad companies respectively shall 
be ascertained by deducting from the gross amount of their earnings, respectively, 
the necessary expenses actually paid within the year in operating the same and 
keeping the same in a state of repair, and also the sum paid by them respectively 
within the year in the discharge of interest on their first-mortgage bonds, whose 
lien has priority over the lien of the United States, and excluding from consider- 
ation all sums owing or paid by said companies respectively for interest upon any 
other portion of their indebtedness ; and the foregoing provision shall be deemed 
and taken as an amendment of said act of eighteen hundred and sixty-four, as well 
as of said act of eighteen hundred and sixty-two. This section shall take effect cm 
the thirtieth day of June next, and be applicable to all computations of net earn- 
ings thereafter ; but it shall not affect any right of the United States or of either of 
said railroad companies existing prior thereto. 

Sec. 2. That the whole amount of compensation which may. from time to time, 



118 RECORD OF BLAINE. 

be due to said several railroad companies respectively for services rendered for the 
Government shall be retained by the United States, one-half thereof to be presently- 
applied to the liquidation of the interest paid and to be paid by the United States- 
upon the bonds so issued by it as aforesaid, to each of said corporations severally, 
and the other half thereof to be turned into the sinking fund hereinafter provided,, 
for the uses therein mentioned. 

Sec. 3. That there shall be established in the Treasury of the United States a 
sinking: fund, which shall be invested by the Secretary of the Treasury in bonds 
of the United States ; and the semi-annual income thereof shall be in like manner 
from time to time invested, and the same shall accumulate and be disposed of as 
hereinafter mentioned. And in making such investments the Secretary shall 
prefer the five per centum bonds of the United States, unless for good reasons 
appearing to him, and which he shall report to Congress, he shall at any time deem 
it advisable to invest in other bonds of the United States. All the bonds belonging- 
to said fund shall, as fast as they shall be obtained, be so stamped as to show "that 
they belong to said fund, and that they are not good in the hands of other holders 
than the Secretary of the Treasury until they shall have been indorsed by him, and 
publicly disposed of pursuant to this act. 

Sec. 4. That there shall be carried to the credit of said fund on the first day 
of February in each year, the one-half of the compensation for services hereinbe- 
fore named, rendered" for the Government by said Central Pacific Railroad Com- 
pany, not applied in liquidation of interest ; and in addition thereto, the said 
company shall, on said day in each year, pay into the Treasury, to the credit of 
said sinking fund, the sum of one million two hundred thousand dollars, or so 
much thereof as shall be necessary to make the five per centum of the net earn- 
ings of its said road payable to the United States under said act of eighteen hundred 
and sixty-two, and the whole sum earned by it as compensation for services ren- 
dered for the United States, together with the sum by this section required to be 
paid, amount in the aggregate to twenty-five per centum of the whole net earnings 
of said railroad company, ascertained and defined as hereinbefore provided, for 
the year ending on the thirty -first day of December next preceding. That there 
shall be carried to the credit of the said fund, on the first day of February in each 
year, the one-half of the compensation for services hereinbefore named, rendered 
for the Government by said Union Pacific Railroad Company, not applied in 
liquidation of interest ; and, in addition thereto, the said company shall, on said 
day in each year, pay into the Treasury, to the credit of said sinking fund, the 
sum of eighthundred and fifty thousand dollars, or so much thereof as shall be 
necessary to make the five per centum of the net earnings of its said road, payable 
to the United States under said act of eighteen hundred and sixty-two, and the 
whole sum earned by it as compensation for services rendered for the United 
States, together with the sum by this section required to be paid, amount in the 
aggregate to twenty -five per centum of the whole net earnings of said railroad 
company, ascertained and defined as hereinbefore provided, for the year ending on 
the thirty-first day of December next preceding. 

Sec 5. That whenever it shall be made satisfactorily to appear to the Secretary 
of the Treasury, by either of said companies, that seventy-five per centum of its 
net earnings, as hereinbefore defined, for any current year, are or were insufficient to 
pay the interest for such year upon the obligations of such company, in respect of 
which obligations there may exist a lien paramount to that of the "United States, 
and that such interest has been paid out of such net earnings, said Secretary is 
hereby authorized, and it is made his duty, to remit for such current year so much 
of the twenty-five per centum of net earnings required to be paid into the sinking 
fund, as aforesaid, as may have been thus applied and used in the payment of 
interest as aforesaid. 

Sec 6. That no dividend shall be voted, made, or paid for or to any stock- 
holder or stockholders in either of said companies respectively at any time when 
the said company shall be in default in respect of the payment either "of the sums 
required as aforesaid to be paid into said sinking fund, or in respect of the pay- 
ment of the said five per centum of the net earnings, or in respect of interest upon 
any debt the lien of which, or the debt on which it may accrue, is paramount to 
that of the United States ; and any officer or person who shall vote, declare, make 
or pay, and any stockholder of any of said companies who shall receive any such 
dividend contrary to the provisions of this act, shall be liable to the United States 
for the amount thereof, which, when recovered, shall be paid into said sinking 



RECORD OF BLAINE, * 119 

fund. And every such officer, person, or stockholder who shall knowingly vote, 
declare, make, or pay any such dividend, contrary to the provisions of this act, 
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be 
punished by a fine not exceeding ten thousand dollars, and by imprisonment not 
exceeding one year. 

Sec. 7. That the said sinking fund so established and accumulated shall at 
the maturity of said bonds so respectively issued by the United States, be applied 
to the payment and satisfaction thereof, according to the interest and proportion 
of each of said companies in said fund, and of all interest paid by the United 
States thereon, and not reimbursed, subject to the provisions of the next section. 

Sec. 8. That said sinking fund so established and accumulated shall, according 
to the interest and proportion of said companies respectively therein, be held for 
the protection, security, and benefit of the lawful and just holders of any mort- 
gage or lien debts of such companies respectively, lawfully paramount to the 
rights of the United States, and for the claims of other creditors, if any, lawfully 
chargeable upon the funds so required to be paid into said sinking fund, according 
to their respective lawful priorities, as well as for the United States, according to 
the principles of equity, to the end that all persons having any claim upon said 
sinking fund may be entitled thereto in due order ; but the provisions of this sec- 
tion shall not operate or be held to impair any existing legal right, except in the 
manner in this act provided, of any mortgage, lien, or other creditor of any of 
said companies respectively, nor to excuse any of said companies respectively from 
the duty of discharging, out of other funds, its debts to any creditor except the 
United States. 

Sec 9. That all sums due to the United States from any of said companies 
respectively, whether payable presently or not, and all sums required to be paid to 
the United' States or into the Treasury, or into said sinking fund under this act, or 
under the acts hereinbefore referred to, or otherwise, are hereby declared to be a 
lien upon all the property, estate, rights and franchises of every description granted 
or conveyed by the United States to any of said companies respectively or jointly, 
and also upon all the estate and property, real, personal and mixed, assets, and 
income of the said several railroad companies respectively, from whatever source 
derived, subject to any lawfully prior and paramount mortgage, lien, or claim 
thereon. But this section shall not be construed to prevent said companies respect- 
ively from using and disposing of any of their property or assets in the ordinary, 
proper and lawful course of their current business, in good faith and for valuable 
consideration. 

Sec. 10. That it is hereby made the duty of the Attorney-General of the United 
States to enforce, by proper proceedings against the several railroad companies 
respectively or jointly, or against eitherof them, and others, all the rights of the 
United States under this act and under the acts hereinbefore mentioned, and under 
any other act of Congress or right of the United States ; and in any suit or proceed- 
ings already commenced, or that may be hereafter commenced against any of said 
companies, either alone or with other parties, in respect of matters arising under 
this act, or under the acts or rights hereinbefore mentioned or referred to, it shall 
be the duty of the court to determine the very right of the matter without regard 
to matters of form, joinder of parties, multifariousness, or other matters not 
affecting the substantial rights and duties arising out of the matters and acts 
hereinbefore stated and referred to. 

Sec. 11. That if either of the said railroad companies shall fail to perform all 
and singular the requirements of this act and of the acts hereinbefore mentioned, 
and of any other act relating to said company, to be by it performed, for the period 
of six months next after such performance may be due, such failure shall operate 
as a forfeiture of all the rights, privileges, grants, and franchises derived or 
obtained by it from the United States ; and it shall be the duty of the Attorney- 
General to cause such forfeiture to be judicially enforced. 

Sec. 12. That nothing in this act shall be construed or taken in any wise to 
affect, or impair the right of Congress at anytime hereafter further to alter, amend. 
or repeal the said acts hereinbefore mentioned ; and this act shall be subject to 
alteration, amendment, or repeal, as in the opinion of Congress, justice or the pub- 
lic welfare may require. And nothing herein contained shall be held to deny, 
exclude, or impair any right or remedy in the premises now existing in favor of the 
United States. 

Sec 13. That each and every of the provisions in this act contained shall sever- 
ally and respectively be deemed, taken, and held as in alteration and amendment 



120 ■ RECORD OF BLAINE. 

of said act of eighteen hundred and sixty-two and of said act of eighteen hundred 
and sixty-four respectively, and of both ^said acts. 
Approved, May 7, 1878. 

To prevent the passage of this bill was arrayed the whole power of the rail- 
road kings, Gould, Huntington, et id omne genus ; the lobbies swarmed with their 
agents, and their representatives on the floor by voice and vote exerted their utmost 
energies to compass its defeat. Indeed, Mr. Gould was there and in person directed 
the operations of the lobby. The cause of the people, however, was in the hands 
of that great leader, Allen G. Thurman, earnestly aided by Mr. Edmunds, and no 
subterfuge could blind and no specious argument swerve him from the accomplish- 
ment of the object in view. 

Among those in the Senate who most stoutly resisted the passage of the 
Thurman act was James G. Blaine. In fact, in the long debate that attended the 
bill, he was the leader of the opposition. 

In the Senate, April 9, 1878, Mr. Blaine offered the following amendment to 
the Pacific Railroad Funding Act : 

But so long as said Central Pacific and Union Pacific Railroad Companies 
shall faithfully comply with the provisions of the- said acts of 1862 and 1864, and 
of this act, relating to the payments to the United States on account of the bonds 
advanced, and of sinking funds to be established as aforesaid, such compliance 
shall be deemed and taken as sufficient to meet the obligations of said companies 
on account of such bonds prior to the maturity thereof. 

Provided, That the annual payments from each railroad company, in addition to 
the half transportation account and the five per cent, of the net earnings presently 
applicable to the interest, and the bonds, shall never be less than $600,000, includ- 
ing the other half of the transportation account applicable to the sinking fund 
herein established, and that nothing in this act shall be construed to waive any 
claim of the United States against either of said railroad companies, from what- 
ever source arising. 

The purpose and effect of this amendment was to defeat the object of the bill and 
to nullify its salutary provisions. This was recognized by Mr. Thurman, who said : 

I consider this amendment as really determining the fate of the bill. 

The amendment of the Senator from Maine is the worst attack upon the bill 
that could be made. He knows very well that with that provision fastened on to 
this bill the bill not only would not be worth the paper upon which it is written, 
but that it would be far worse than nothing ; he knows that that would be a fatal 
death-blow given to the bill. 

Mr. President, let no one deceive himself about this ; let no one imagine 
he can be a friend of the Judiciary Committee bill and at the same time 
a friend of the amendment of the Senator from Maine. The amendment of 
the Senator from Maine is prussic acid to the bill. It cannot survive a day, nor an 
hour perhaps, after that amendment is adopted. It is a stab at the very heart of 
the bill ; it is as fatal as any stab could possibly be. I hope, therefore, the friends 
of this bill, those who mean to make these companies live up to their obligations, 
do what they assumed to do ; those who mean that these companies shall know 
that the Government is their master, and they are not the masters of the Govern- 
ment—will see that no such poison is taken into the bill as the amendment of the 
Senator from Maine. 

The acute mind of Mr. Edmunds was not deceived. He said : 
He (Blaine), as I said before, is the original father, there is no grandfather and 
no collateral relation of a proposition in the legislation of this country, of the Con- 
gress of the United States, since the time when the evil of the hands of states and 
of congresses has been discovered in the last few years, to provide that in any 
respect or under any circumstances the hands of the legislative power shall be 
held off from the exercise of their legitimate and constitutional control over public 
corporations. ****** You cannot tell, sir, what will happen ; you can- 
not tell who will manage these corporations ; you cannot tell how long there will 
be any net income or not, depending not upon the fair progress of natural re 



RECORD OF BLAINE. 121 

sources of development and natural competition, but depending upon the evil 
deviltry of stock-boards and private jobs. There is the- trouble about all these cor- 
porations, and yet my honorable friend from Maine, in that sweet innocence 
which characterizes his character, that sublime faith that everybody is as virtuous 
as he is. is willing to fold up his arms and be tied up in a bag by the Union Pacific 
and Central Pacific Railroad Companies for twenty-two years, merely because we 
require them to establish a sinking fund. 

The amendment of Mr. Blaine was defeated — yeas 23, nays 35. 
The bill was then passed — yeas 40, nays 20. 
Mr. Blaine voted " no." 
See Cong. Record, Ap. 2 to 9, 1878. 

That the object of Mr. Blaine's amendment was understood in California is 
shown by the following editorial : 

[From the San Francisco Chronicle of April 10, 1878.] 

The Railroads rqust pay. 

The bill of the Senate Judiciary Committee providing that the Union and 
and Central Pacific Railroad Companies shall each create a sinking fund, with 
which to finally liquidate their indebtedness to the Government, passed the United 
States Senate yesterday, by the decisive vote of 40 to 19. It passed without Blaine's 
amendment, which was intended to nullify its force, and indeed, without amend- 
ments of any kind. This is the first real and effective check which the arrogance 
of the railroad companies have yet received. Remarkable as it may seem, in this 
era of corruption, neither sham nor compromise is embodied in this bill. It is a 
plain, straightforward, compulsory demand that these companies which have grown 
so enormously rich from the prodigal donations of the country, and from their 
oppressive tariff exactions, shall now meet the obligations they have evaded so 
long. The House Committee on Railroads has been instructed to report a similar 
bill which will undoubtedly pass. Blaine's amendment was defeated by a vote of 
35 to 23. 

From the foregoing debate it will be seen that it was not without proper knowl- 
edge that Mr. Edmunds wrote to a friend in Vermont : 

"It is my deliberate opinion that Mr. Blaine acts as the attorney of Jay Gould. 
Whenever Mr. Thurman and I have settled upon legislation to bring the Pacific 
railroads to terms of equity with the Government, up has jumped James G. Blaine, 
musket in hand, from behind the breastworks of Gould's lobby, to fire into our 
back." 

The law thus treated of, having in operation discovered some defects, a bill to 
amend the Thurman act and correct its defects was passed in the House at the 
last session, under the leadership of Hon. Phil. B. Thompson of Kentucky. The 
Republican Senate failed to take any action on it, as it did on most other measures 
where the people demanded action and the corporations desired delay. 

The Friend of the Miner. 

The House having under consideration, May 17, 1866, the bill to amend "an 
act to provide internal revenue to support the Government, to pay interest on the 
public debt, and for other purposes," and acts amendatory thereof, the following- 
debate was had : 

The Clerk read as follows : 

47. — Miners shall pay ten dollars. Every person, firm or company, who shall 
employ others in the business of mining for coal, or for gold, silver, copper, lead, 
iron, zinc, spelter, or other minerals, not having paid the tax therefor, as a manu- 
facturer, and no other, shall be regarded as a miner, under this act. Provided : 
That this shall not apply to any miner whose receipts from his mine shall not 
exceed annually, $1,000 



122 RECORD OF BLAINE. 

Mr. Mercur — I move to strike out the words "employ others in" and insert 
"carry on." 

Mr. Chairman — I do not know how it is in the mines where the precious 
metals are procured, hut in the coal mines this phraseology would result disas- 
trously to the miners. "Miner" is a technical term. Persons are called miners 
who have no interest in the mines at all. A is put in with one or two laborers. He 
is called a miner, though he has no interest in the sale of coal. It may be thought 
the proviso to the bill would exempt him from the effect of this tax, but on look- 
ing, it will be seen it does not apply to any person who is a miner. 

Mr. Stevens (Pa.) — I move to strike out the whole paragraph. 

Mr. Chairman — I do not know how many this would embrace. Every man 
who mined limestone for his farm, every man who mined a little coal for his fur- 
nace, all these men, and' ten thousand others like them, would be embraced. 

Mr. Morrill opposed the amendment, and Mr. Bidwell, in behalf of the gold 
mines, favored it. 

Mr. Blaine then said : 

I do not think the amendment of the gentleman from Pennsylvania from the 
Pittsburgh district ought to prevail. 

I think that during the whole progress of this bill, with all due respect to the 
gentleman from Pennsylvania and the gentleman from California, I have seen no 
motion made more groundless than this. We place a tax upon every trade and 
calling we can find out, and I undertake to say that the miners in the Pennsylvania 
coal mines are infinitely better able to pay taxes than the builders, contractors, law- 
yers, physicians and surgeons. 

Mr. Moorehead (Pa.) — The receipts of these men are not from the mines, but 
from labor, and the proposition really is to tax labor. 

Mr. McPtUER (Cal.) — I wish to say in reply to the gentleman from Maine (Mr. 
Blaine), that there is not a single tax in this whole bill analogous to this. This is a 
direct tax upon the labor producing the raw material. 

•* % # * * * * # * 

Mr. Kellet (Pa.) — The tax proposed is a direct tax upon wages and labor, at 
least as far as Pennsylvania is concerned. 

It was contended by Mr. Morrill, Mr. Blaine, Mr. Schenck and others that the 
tax referred to applied to employer of miners. On this point, Mr, Hooper said : 
" I hold here in my hand a petition from some fifty laboring miners, who state 
that the tax of ten dollars is imposed upon them, because by the custom of mining 
coal it is usual for a miner to have with him a laborer, the miner being paid so 
much a ton for the coal he raises, out of which he pays the laborer. The assessor 
claims that the miner employs others, and charges him with the tax of ten dollars." 

Subsequently, the amendment of Mr. Stevens was agreed to by a vote of ayes 
57, noes 38, and the paragraph was stricken out. (Cong. Globe, vol. 58, p. 2657, 
1st Sess., 39 Cong.) 



A RETURN TO CONSTITUTIONAL METHODS. 123 



A Return to Constitutional Methods, 



Democratic Principles. 

A strict adherence to the Constitution is the leading principle of the Democratic 
party— a party whose theory of construction gave it birth and has preserved it in 
the affections of the people for nearly one hundred years. 

In Washington's Cabinet there was a continual conflict of opinion between the 
aristocratic Hamilton, then Secretary of the Treasury, and the democratic Jeffer- 
son, then Secretary of State, about the construction of the new Constitution. The 
former advocated a loose construction and strong central power ; the latter, strict 
construction and local self-government. 

From these rivalries sprang into existence the two great rival parties which, 
under one name and another, have continued to the present day. 

The difference is fundamental and eternal. It is well described by De Tocque- 
vill in his work on Democracy in America, as follows : 

De TocquevilPs Definition. 

"When the war of independence was terminated, and the foundations of the new 
government were to be laid down, the nation was divided between two opinions— two 
opinions which are as old as the world and which are perpetually to be met with, under 
different forms and various names in all free communities — the one tending* to limit, the 
other to extend indefinitely the power of the people." 

Temporary questions, such as slavery, knownothingism, a foreign war, etc., 
may distract attention from the main issue and even change party names, but when 
disposed of the fundamental rivalry between local and central power is bound to 
return. It is well that it does, for the discussion of rival theories of construction 
tends to keep the people educated in the principles of civil liberty and government 

Such a discussion was never more needed than to-day for the Republican party 
continues in time of peace a war construction of the Constitution — a drift toward 
centralization which, if not soon checked, will verge upon imperialism. 

The American people should therefore in the present campaign go back to first 
principles and closely scrutinize the tendencies of the two rival parties. 

The Democratic party inherits its love of local and personal liberty from its 
founder, Thomas Jefferson, and its construction of the Constitution from that 
greatest of all authorities, James Madison. 

Madison's Failles of Constitutional Construction. 

His construction as given in the Federalist (No. 38) is as follows : 

"First — In order to ascertain the real character of the government, it may be 
considered in relation to the foundation on which it is to be established: to the sources 
from which its ordinary powers are to be drawn; to the operation of those powers: to the 



124 A RETURN TO CONSTITUTIONAL METHODS. 

extent of them, and to the authority by which future changes in the government are to 
be introduced. 

" On examining the first relation, it appears, on one hand, that the Constitution is to 
be founded on the assent and ratification of the people of America, given by deputies 
elected for the special purpose; but, on the other, that this assent and ratification is to be 
given by the people, not as individuals composing one entire nation, but as composing 
the distinct and independent States to which they respectively belong. It is to be the 
assent and ratification of the several States, derived from the supreme authority of each 
State — the authority of the people themselves. The act, therefore, establishing the 
Constitution will not be a national, but a federal act. 

"That it will be a federal and not a national act, as these terms are understood by 
the objectors, the act of the people, as forming so many independent States, not as form- 
ing one aggregate nation, is obvious from this single consideration, that it is to result 
neither from the decision of a majority of the people of the Union, nor from 
that of a majority of the States. It must result from the unanimous assent 
of the several States that are parties to it, differing no otherwise from their ordi- 
nary assent than in its being expressed not by the legislative authority, but by that of 
the people themselves. Were the people regarded in this transaction as forming one 
nation, the will of the majority of the whole people of the United States would bind the 
minority in the same manner as the majority in each State must bind the minority; and 
the will of the majority must be determined either by a comparison of the individual 
votes, or by considering the will of the majority of the States as evidence of the will of a 
majority of the people of the United States. Neither of these rules has been adopted. 
Each State, in ratifying the Constitution, is considered as a sovereign body, independent 
of all others, and only to be bound by its own voluntary act. In this relation, then, the 
new Constitution will, if established, be a federal and not a national constitution. 

" The next relation is to the sources from which the ordinary powers of government are 
to be derived. The House of Representatives will derive its powers from the people of 
America ; and the people will be represented in the same proportion and on the same 
principle as they are in the Legislature of a particular State. So far the Government is 
national, not federal. The Senate, on the other hand, will derive its powers from the 
States, as political and coequal societies, and these will be represented on the principle of 
equality in the Senate as they now are in the existing Congress. So far the Government 
is federal, not national. The executive power will be derived from a very compound 
source. The immediate election of the President is to be made by the States in their 
political characters. The votes allotted to them are in a compound ratio, which con- 
siders them partly as distinct and coequal societies, partly as unequal members of the 
same society. The eventual election, again, is to be made by that branch of the Legis- 
lature which consists of the national Representatives ; but in this particular act they are 
to be thrown into the form of individual delegations from so many distinct and coequal 
bodies-politic. From this aspect of the Government it appears to be of a mixed character, 
presenting at least as many federal as national features. 

" The difference between a federal and national government, as it relates to the opera- 
tion of the Government, is by the adversaries of the plan of the convention supposed to 
consist in this, that in the former the powers operate on the political bodies composing 
the confederacy, in their political capacities ; in the latter, on the individual citizens 
composing the nation, in their individual capacities. On trying the Constitution by this 
criterion, it falls under the national, not the federal character ; though perhaps not so 
completely as has been understood. In several cases, and particularly in the trial of 
controversies to which States may be parties, they must be viewed and proceeded against 
in their collective and political capacities only. But the operation of the Government on 
the people, in their individual capacities, in its ordinary and most essential proceedings, 
may, on the whole, designate it in this relation a national government. 

"But if the Government be national with regard to the operation of its powers, it 
changes its aspect again when we contemplate it in relation to the extent of its powers. 
The idea of a national government involves in it not only an authority over the individual 
citizens, but an indefinite supremacy over all persons and things, so far as they are 
objects of lawful government. Among a people consolidated into one nation this 
supremacy is completely vested in the National Legislature. Among communities 
united for particular purposes it is vested partly in the general and partly in the muni- 
cipal legislatures. In the former case, all local authorities are subordinate to the 
supreme, and may be controlled, directed, or abolished by it at pleasure. In the latter, 
the local or municipal authorities form distinct and independent portions of the suprem- 
acy, no more subject, within their respective spheres, to the general authority than the 
general authority is subject to them within its own sphere. In this relation, then, the 
proposed government cannot be deemed a national one, since its jurisdiction extends to 



A RETURN TO CONSTITUTIONAL METHODS. 125 

certain enumerated objects only and leaves to the several States a residuary and invio- 
lable sovereignty over all other objects. It is true that in controversies relating to the 
boundary between the two jurisdictions, the tribunal which is ultimately to decide is to 
be established under the General Government. But this does not change the principle 
of the case. The decision is to be impartially made, according to the rules of the Con- 
stitution, and all the usual and most effectual precautions are taken to secure this 
impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword 
and a dissolution of the compact ; and that it ought to be established under the general 
rather than under the local governments, or, to speak more properly, that it could be 
safely established under the first alone, is a position not likely to be combated. 

"If we try the Constitution by its last relation to the authority by which amendments 
are to be made, we find it neither wholly national nor wholly federal. Were it wholly 
national, the supreme and ultimate authority would reside in the majority of the people 
of the Union ; and this authority would be competent at all times like that of a majority 
of every national society, to alter or abolish its established government. Were it wholly 
federal on the other hand, the concurrence of each State in the Union would be essential 
to every alteration that would be binding on all. The mode provided by the plan of 
the convention is not founded on either of these principles. In requiring more than a 
majority, and particularly in computing the proportion by States, not by citizens, it 
departs from the national and advances toward the federal character. In rendering the 
concurrence of less than the whole number of States sufficient, it loses again the federal 
and partakes of the national character. 

" The proposed constitution, therefore, even when tested by the rules laid down by 
its antagonists, is, in strictness, neither a national nor a federal constitution, but a com- 
position of both. In its foundation it is federal not national ; in the sources from which 
the ordinary powers of the government are drawn, it is partly federal and partly national; 
in the operation of these powers it is national, not federal ; in the extent of them again 
it is federal, not national ; and finally in the authoritative mode of introducing amend- 
ments it is neither wholly federal nor wholly national. " 

Justice Field's Protest against Centralization. 
The Democratic distinction between State and central power was recently and 
ably stated by that distinguished Democratic jurist, Justice Field, of the United 
States Supreme Court. In a dissenting opinion, he said : 

"The government created by the Constitution was not designed for the regulation of 
matters of purely local concern. The States required no aid from any external authority 
to manage their domestic affairs. They were fully competent to provide for the due 
administration of justice between their own citizens in their own courts, and they needed 
no directions in that matter from any other government, any more than they needed 
directions as to their highways and schools, their hospitals and charitable institutions, 
their public libraries, or the magistrates they should appoint for their towns and counties. 
It was only for matters which concerned all the States, and which could not be managed 
by them in their independent capacity, or managed only with great difficulty and 
embarrassment, that a general and common government was desired. Whilst they 
retained control of local matters, it was felt necessary that matters of general and com- 
mon interest, which they could not wisely and efficiently manage, should be entrusted to 
a central authority. And so to the common government which grew out of this prevail- 
ing necessity was granted exclusive jurisdiction over external affairs, including the great 
powers of declaring war, making peace and concluding treaties ; but only such powers 
of internal regulation were conferred as were essential to the successful and efficient 
working of the government established ; to facilitate intercourse and commerce between 
the people of the different States, and secure to them equality of protection in the several 

States. 

********* 

"When the government of the confederation failed, chiefly through the want of all 
coercive authority to carry into effect its measures, its power being only that of recom- 
mendation to the States, and the present Constitution was adopted, the same general 
ends were sought to be attained, namely, the creation of a central government, which 
would take exclusive charge of all our foreign relations, representing the people of all 
the States in that respect as one nation, and would at the same time secure at home free- 
dom of intercourse between the States, equality of protection to citizens of each State in 
the several States, uniformity of commercial regulations, a common currency, a standard 
of weights and measures, one postal system, and such other matters as concerned all the 
States and their people. 



126 A RETURN TO CONSTITUTIONAL METHODS. 

Accordingly, the new government was invested with powers adequate to the accom- 
plishment of these purposes, with which it could act directly upon the people, and not by 
recommendation to the States, and enforec its measures through tribunals and officers of 
its own creation. There were also restraint placed upon the action of the States to pre- 
vent interference with the authority of the new government and to secure to all persons 
protection against punishment by legislative decree, and insure the fulfillment of contract 
obligations. But the control of matters of purely local concern, not coming within the 
scope of the powers granted or the restraints mentioned was left, where it had always 
existed, with the States. The new government being one of granted powers, its author- 
ity was limited by them and such as were necessarily implied for their execution. But 
lest from a misconception of their extent these powers might be abused, the tenth amend- 
ment was at an early day adopted, declaring that ' the powers not delegated to the 
United States by the Constitution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people.' 

Now, if we look into the Constitution we shall not find a single word from its opening 
to its concluding line, nor in any of the amendments in force before the close of the civil 
war, nor, as I shall hereafter endeavor to show, in those subsequently adopted, which 
authorizes any interference by Congress with the States in the administration of their 
governments, and the enforcement of their laws with respect to any matter over which 
jurisdiction was not surrendered to the United States. The design of its framers was not 
to destroy the States, but to form a more perfect union between them, and whilst creating 
a central government for certain great purposes, to leave to the States in all matters, the 
jurisdiction of which was not surrendered, the functions essential to separate and independ- 
ent existence. And so the late Chiet Justice, speaking for the court in 1869, said : 'Not 
only, therefore, can there be no loss of separate and independent autonomy to the States, 
through their union under the Constitution, but it may not be unreasonably said that the 
preservation of the States, and the maintenance of their governments, are as much within 
the design and care of the Constitution as the preservation of the Union and the mainten- 
ance of the National Government,' and then he adds, in that striking language which 
gives to an old truth new force and significance, that ' the Constitution, in all its pro- 
visions, looks to an indestructible Union composed of indestructible States. ' " 

Horatio Seymour on State and Federal Powers. 
Another and admirable statement of our theory of government was given by 
that great Democratic statesman, Ex-Governor Seymour, of New York, in an arti- 
cle entitled " The Government of the United States," published in the Worth Ameri- 
can Review in 1878. We quote from it as follows : 

" Let us place ourselves where our fathers stood when they worked out our political 
system, and thus learn what they meant to do. A people thinly scattered over a conti- 
nent, living under opposite conditions of climate, production and domestic habits, were to 
be united for purposes of common defense and welfare. This could only be done by 
securing to each section of a vast region laws which would promote the prosperity of every 
part. Where was the wisdom to frame the laws to meet the wants so 
diversified and conflicting ? They knew from experience that kings, lords, 
and commons, could not do it. Their failures led to the revolution. They claimed no 
wisdom superior to that of Parliament, for that was the period when a host of orators 
and statesmen made Parliament glorious in British annals. The colonies were practically 
as remote from each other as from Britain, when obstacles to intercourse were taken 
into account. The necessities of the case forced our fathers to frame their State and gen- 
eral governments upon principles the reverse of those which usually mark the polity of 
nations. Their theory takes away control from political centers, and distributes it to the 
various points that are most interested in its wise and honest exercj^e. It keeps at every 
man's home the greatest share of the political power that concerns him individually. It 
yields it to the remoter legislative bodies in diminishing proportions as they recede from 
the direct influence and action of the people. The local self-government under which our 
country is expanding itself over a continent, without becoming weak by its extension, is 
founded on these propositions. That government is most wise which is in the hands of 
those best informed about the particular questions on which they legislate ; most 
economical and honest, when controlled by those most interested in preserving frugality 
and virtue ; most strong when it only exercises authority which is beneficial in its action 
to the governed. These are obvious truths, but how are they to be made available for 
practical purposes ? It is in this that the wisdom of our institutions consists. In their 
progress, they are developing truths in government which have not only disappointed 
the hopes of our enemies, but dissipated the fears of our friends. 



A RETURN TO CONSTITUTIONAL METHODS. 127 

" The good order of society, the protection of our lives and our property, the pro- 
motion of religion and learning, the enforcement of statutes, or the upholding of t the 
unwritten laws of just moral restraints mainly depend upon the wisdom of the inhabi- 
tants of townships. Upon such questions, so far as' they particularly concern them, the 
people of the towns are more intelligent and more interested than those outside of their 
limits can be. The wisest statesmen living and acting at the city of Washington cannot 
understand these affairs, nor can they conduct them so well as the citizens upon the 
ground, although they may be unlearned men. What is true of one town is true of the 
other ten thousand towns in the United States. When we shall have twenty thousand 
towns, this system of government will in no degree become overloaded or complicated. There 
will be no more then for each citizeu to do than now. Our town officers in the aggregate 
are more important than Congressmen or Senators. Hence the importance to our 
government of religion, morality, and education, which enlighten and purify the 
governed and the governors at the same time, and which must ever constitute the best 
securities for the advancement and happiness of our country. Township powers and 
duties educate and elevate those who exercise them. The next organizations in order 
and importance are boards of county officers, who control questions of a local character, 
but affecting a greater number than the inhabitants of single towns. The people of each 
county are more intelligent and more interested in what concerns their own affairs than 
any amount of wisdom or of patriotism outside of it. The aggregate transactions of county 
officers are more important than those of our State Legislatures. When we have 
secured good government in towns and counties, most of the objects of government are 
gained. In the ascending scale of rank, in the descending scale of importance, is the 
Legislature, which is or should be limited to State affairs. Its greatest wisdom is shown 
by the smallest amount of legislation, and its strongest claims for gratitude grow out of 
what it does not do. Our general government is remarkable for being the reverse of 
every other. Instead of being the source of authority, it only receives the remnant of 
power after all that concerns town, county, and state jurisdictions has been distributed. 
Its jurisdiction, although confined within narrow limits, is of great dignity, for it con- 
cerns our national honor and provides for the national defense. We make this head of 
our system strong when we confine its action to those objects which are of general inter- 
est, and prevent its interference with subjects upon which it cannot act with intelligence. 
If our general government had the power which is now divided between town, county 
and State jurisdiction, its attempts at their exercise would shiver it into atoms. If it were 
composed of the wisest and purest men the world ever saw, it could not understand all 
the varied interests of a land as wide • as all Europe, and with as great a diversity of 
climate, soil and social condition. The welfare of the several communities would be 
sacrificed to the ignorance or prejudices of those who had no direct concern in the laws 
they imposed upon others. 

" The theory of self-government is not founded upon the idea that the people are 
necessarily virtuous and intelligent, but it attempts to distribute each particular 
power to those who have the greatest interest in its wise and faithful exercise. Such dis- 
tribution is founded on the principle that persons most interested in any matter manage 
it better than wiser men who are not interested. Men act thus in their private concerns. 
When we are sick, we do not seek the wisest man in the community, but the physician 
who is best acquainted with our disorder and its remedies. If we wish to build, we seek 
not the most learned man, but the man most skillful in the kind of structure we desire to 
erect, and if we require the services of an agent, the one is best for us who is best 
acquainted with our wants, and most interested in satisfying them. The Bible intimates 
this course when it says that a man can judge better in relation to his own affairs than 
seven watchmen on a high tower. This principle not only secures good government 
for each locality, but it also brings home to each individual a sense 
of his rights and responsibilities ; it elevates his character as a man ; he is taught self- 
reliance ; he learns that the performance of his duty as a citizen is the corrective for the 
evils of society, and is not led to place a vague, unfounded dependence upon legislative 
wisdom. It not only makes good government, but it also makes good manhood. 
Under European governments but few feel that they can exert any influence upon public 
morals or affairs; here every one knows that his character and conduct will at least af- 
fect the character of the town in which he lives. While the interests of each section are 
thus secured, and the citizen is educated by duties, the general government is strength- 
ened and made enduring by lifting it above invidious action, and making it the point 
about which rally the affections and pride of the American people, as the exponent to the 
world at large of our common power, dignity, and nationality. " 



128 A RETURN TO CONSTITUTIONAL METHODS. 

Republican Tendencies. 

In marked contrast with the theory of government as above defined by the 
great leaders of the Democratic party is the centralization tendency of its Repub- 
lican rival. That party inherits much of the objectionable doctrines which 
Hamilton advocated in the Convention which framed the Constitution, but 
which, fortunately, were not stamped upon that instrument. 

Hamilton's Theory of Government. 

In Madison's notes on the proceedings of the Convention, he reports the 
substance of one of Hamilton's speeches as follows : 

" The general power, whatever be its form, if it preserves itself, must swallow up the 
State powers, otherwise it will be swallowed up by them. It is against all the principles 
of a good government to vest the requisite powers in such a body as Congress. Two 
sovereignties cannot exist within the same limits. Giving powers to Congress must 
eventuate in a bad government, or in no government. The plan of New Jersey, there- 
fore, will not do. What then is to be done ? Here he was embarrassed. The extent 
of the country to be governed discouraged him. The expense of a general government 
was also formidable ; unless there were such a diminution of expense on the side of the 
State governments as the case would admit. If they were extinguished, he was persuaded 
that great economy might be obtained by substituing a general government. He did 
not mean, however, to shock the public opinion by proposing such a measure. On the 
other hand, he saw no other necessity for declining it. They are not necessary for any 
of the great purposes of commerce, revenue, or agriculture. Subordinate authorities, he 
was aware, would be necessary. There must be district tribunals ; corporations for local 
purposes. But cui bono the vast and expensive apparatus now appertaining to the States ? 
The only difficulty of a serious nature which occurred to him, was that of drawing repre- 
sentatives from the extremes to the centre of the community. What inducements can be 
offered that will suffice ? The moderate wages for the first branch could only be a bait 
to little demagogues. Three dollars, or thereabouts, he supposed, would be the utmost. 
The Senate, he feared, from a similar cause, would be filled by certain undertakers, who 
wish for particular offices under the government. 

" This view of the subject almost led him to despair that a republican government could 
be established over so great an extent. He was sensible at the same time, that it would 
be unwise to propose one of any other form. In his private opinion, he had no scruple 
in declaring, supported as he was by the opinion of so many of the wise and good, that 
the British government was the best in the world ; and that he doubted much whether 
anything short of it would do in America. He hoped gentlemen of different opinions 
would bear with him in this, and begged them to recollect the change of opinion on this 
subject which had taken place, and was still going on. It was once thought that the 
power of Congress was amply sufficient to secure the end of their institution. The error 
was now seen by every one. The members most tenacious of republicanism, he observed, 
were as loud as any in declaring against the vices of democracy. This progress of the 
public mind led him to anticipate the time when others as well as himself would join in 
the praise bestowed by Mr. Neckar on the British constitution— namely, that it is the only 
government in the world ' which unites public strength with individual security. 
********** 

"As to the executive, it seemed to be admitted that no good one could be established 
on republican principles. Was not this giving up the merits of the question ; for can 
there be a good government without a good executive ? The English model was the 
only good one on this subject. The hereditary interest of the King was so interwoven 
with that of the nation, and his personal emolument so great that he was placed above 
the danger of being corrupted from abroad ; and at the same time was both sufficiently 
independent and sufficiently controlled to answer the purpose of the institution at home. 
One of the weak sides of republics was their being liable to foreign influence and cor- 
ruption. Men of little character, acquiring great power, became easily the tools of inter- 
meddling neighbors. Sweden was a striking instance. The French and English had 
each their parties during the late revolution which was affected by the predominant in- 
fluence of the former. What is the inference from all these observations ? That we 
ought to go as far, in order to attain stability and permanency, as republican principles 
will admit. Let one branch of the legislature hold their places for life, or at least 
during good behavior. Let the executive also be for life." 



A RETURN TO CONSTITUTIONAL METHODS. 129 

Towards the close of the Convention, Hamilton handed to Madison a plan of a 
constitution in accordance with his own ideas. 
Art. VIII., sec. 1, contains the following : 

" The governor or president of each state shall be appointed under the authority ol 
the United States ; and shall have a right to negative all laws about to be passed in the 
state of which he shall be governor or president, subject to such qualifications and reg- 
ulations as the legislature of the United States shall prescribe." 

The Republican party is thoroughly imbued with the spirit of this doctrine. 
It does not seem to be aware that the war is over. Its rapid drift toward central- 
ization, aristocracy and monopolies, is indeed cause for alarm, and calls for an 
emphatic protest by the people at the coming Presidential election. 

Blaine's Revenue-Centralization Scheme. 

Not to be outdone by his party in the reckless advance toward centralization, 
Air. Blaine has — not extemporaneously and unadvisedly, but in writing and 
deliberately — devised a scheme of " paternal government " of a most objectionable 
nature. We refer to his plan for the collection of revenues to be distributed 
among the States. Hon. James Speed, of Kentucky, who was the Attorney of 
the United States in President Lincoln's Cabinet, recently said of it : 

His letter about the surplus revenue is monstrous. It shows him to be as unsafe in 
his view of the framework of our government as he is in regard to international law. It is 
charitable to say the letter is the child of ignorance, for if not it is the child of 
demagoguery. 

The letter is as follows : 

Augusta, Me. , Nov. 22, 1883. 
Charles Emory Smith, Esq. , Editor Press. 

My Dear Sir : I have your note inquiring if I should be willing to give, in the more 
authentic form of a letter over my own signature, certain views which I expressed in 
conversation several weeks since touching an important financial question. I under- 
stand you refer to some observations I made to one of your assistant editors in regard to 
the proposition to the Republican State Convention of Pennsylvania for the distribution 
of the surplus revenue of the National Treasury among the States. I understand you to 
refer still more particularly to a suggestion of my own as a substitute for the 
Pennsylvania proposition, to which I thought I saw fatal objections. I have no reason 
for withholding my views, and I admit the wisdom of your suggestion that I would 
better state them myself than to have them possibly misstated by others. 

The proposition of the Pennsylvania Republican Convention is to distribute " among 
the States any surplus in the National Treasury that may arise from a redundant 
revenue. " The first objection which I see to this proposition is the utter uncertainty of 
the amount of "redundant revenue." It may be one million or it may be one 
hundred millions. The amount, depending as it does on so many contingencies, cannot 
be determined in advance with even approximate exactness, and the States could not 
therefore depend upon a steady resource. Unless steady, it would not bring relief, 
because it would not enable the States to dispense with any part of their own systems of 
taxation. An occasional gift from the National Treasury would not be valuable. That 
was proved by the distribution of the revenue under the act of 1836 in the Presidency of 
Gen. Jackson. It did no good. It was frittered away in all the States. Here in 
Maine they made an absolute per capita distribution of it among the entire population — 
a trifling sum to each. That of course threw contempt upon the whole measure. 

There is a second objection to the Pennsylvania proposition which in my judgment 
is still more serious. If you simply resolve todistribute the " redundant national revenue" 
among the States, you impose on Senators and Representatives a divided interest which 
would be embarrassing and hurtful. For the benefit of their States — especially of those 
States that might be in pressing need of money — Senators and Representatives would 
desire the " redudant revenue " to be as large as possible. This would present a con- 
stant temptation to withhold appropriations from objects of a really National character. 
It would be unfair to Senators and Representatives to lay upon them and before them 
obligations and motives which would constantly tend to turn them from the straight path 
of duty to the National government. You cannot have the National government and 

9 



130 A RETURN TO CONSTITUTIONAL METHODS. 

the State governments joint owners in the same treasury without mischievous conflict. 
Such a partnership is at war with the well-being of both State and Nation. 

A third objection to the Pennsylvania proposition is that it proceeds upon the 
assumption of a continuing redundancy of National revenue. This is opposed to all 
sound views of administration . The Government wants just enough revenue. A redun- 
dancy always leads to extravagance, to many forms of corruption, and to all manner of 
schemes for getting rid of the money. A Congress assembling with tens of millions of 
surplus at its disposal, would be very sure to hold sessions which would prove profitless 
to the people and perilious to its own members. Since the war closed we have had no 
embarrassing redundancy of revenue because the payment of the National debt has 
afforded at once the readiest and the wisest mode of appropriating every dollar not 
needed for the current expenses of the Government. 

The time is rapidly approaching, however, when, by the terms in which the National 
debt is funded, the payment of the remainder must of necessity be postponed for years — 
the largest part of it, indeed, to the next century. This brings with it the necessity of 
reducing the National revenue. The present system of taxation is yielding more than a 
hundred millions beyond the amount required for the ordinary expenses of government. 
Its reduction will soon become an imperative duty. Indeed, a strong movement is already 
on foot for the repeal of the entire system of internal revenue — on the assumption, which, 
is justified by fact, that receipts from customs will afford abundant revenue for the needs 
of the Government. The Protectionists desire this, but not they alone. Judge Kelley is 
not more earnestly in favor of it than is Mr. Cox of New York, who is a most intelligent 
representative of the free trade interest. Many of the leading free traders in Congress are 
opposed to the continuation of the tax on spirits. It is, therefore, quite evident — it is at 
least highly probable — that a coalition of men holding antagonistic views on the question 
of protection, will at the first opportunity effect the abolition of the system of internal 
revenue. 

This conjuncture of circumstances gives, in my judgment, a rare opportunity to re- 
lieve taxation in the States. And it is under the State governments that taxation is felt 
most severely. The National government has the benefit of easy because indirect forms 
of taxation. It is the direct tax that is felt to be oppressive. At the beginning of the 
war the National government levied a direct tax of twenty millions of dollars upon the 
States — about sixty -six cents per capita on the whole population. It frightened the people, 
and the effect was so depressing that all kinds of composition and adjustment were in- 
vented to avoid payment. But, concurrently with the fright occasioned by the direct tax, 
hundreds of millions were raised in a single year by customs and by excise without a word 
of protest or a sense of hardship. 

Our State and municipal taxation is direct. It comes upon the property with crush- 
ing force. There are few communities in the United States that pay so little as one per 
cent, per annum on the actual value of their real property. There are many communi- 
ties that pay more than two per cent, on the actual value. The houses, the farms, the 
factories, the stores, the shops, all feel it as a heavy burden — a burden unrelieved by any 
form of indirect taxation. Why, therefore, should not the States be permitted to have 
the tax on spirits for their own benefit if the National government does not need it? The 
National and State governments, as I think I have shown, cannot safely share the same 
revenue, but if the National government has no longer need of the tax on spirits, why 
should not the entire amount which it yields annually be paid over to the States? Could 
it be regarded as wise statesmanship to continue the heavy, oppressive direct tax on all 
property under the State governments, and at the same time command a hurtful luxury 
like spirits to go free ? That would be a folly which no other government on the globe 
could by any possibility commit. The tax on spirits oppresses no one. It is paid only 
by the consumer, and the most extreme advocate of temperance cannot maintain that 
taxing the article increases its consumption. 

The National Government has an absolute monopoly of the revenue from customs, 
for the States are forbidden by the Constitution to levy a tax on imports. The excise 
tax was left open both to the National and State governments. But as matter of fact, it 
is only the National Government that can effectively levy and collect it. Should the State 
of Illinois, for instance, attempt to levy an excise tax on whiskey, the distilleries would 
be removed across the river to Missouri. Each State in turn that attempts to collect an 
excise tax would find itself baffled and disabled. It is only the National Government 
that can do it, and the National Government can do it for the benefit of all the States. 
Instead, therefore, of repealing the tax on spirits, the National Government can assign it 
to the States in proportion to their population. The machinery of collection is to-day in 
complete operation. A bill often lines could direct the Secretary of the Treasury to pay 
the whole of it — less the small expense of collection — to the States and Territories in the 
proportion of their population, and to continue it permanently as part of the regular an- 
nual revenue of the States. 



A RETURN TO CONSTITUTIONAL METHODS. 



131 



The amount yielded by the tax on spirituous and malt liquors last year was over 
eighty -six millions of dollars ($86,000,000). On the basis of the census of 1880 it would 
pay about one dollar and seventy-five cents per capita to all the people. The tendency 
would be to increase rather than to diminish this ratio as time wore on. Illicit distiller- 
ies would disappear when every State and every town should come to realize that it was 
bemg defrauded of its own revenue by permitting or winking at the violation of law. 
On the basis of one dollar and seventy-five cents per head the relief of the States would 
be very great. I append a table showing what each State would receive on the bask 
of the present revenue. * 

In considering the measure, as I have very carefully for some months, I may possibly 
have overlooked objections which others may suggest. But the more I have reflected upon 
it the more evident it has become to my mind that it is wiser to tax whiskey than to tax 
farms and homesteads and shops, and that it would be an act of incalculable folly to re- 
mit the eighty-six millions of dollars instead of giving it to the States for the relief of 
oppressive local taxation. 

I trust I have made the difference between this proposition and the Pennsylvania 
proposition sufficiently plain. The one I have suggested gives the revenue from a speci- 
fied tax tc the States and does not depend on a chance surplus or an accidental 
remainder in the National treasury. It makes the tax on spirituous and malt liquors a 
permanent resource to all the States, enabling them thereby to definitely readjust and 
reduce their own taxation. Each State could wisely use its own share for the relief of 
its own situation. In Maine, for example, our share would enable us to repeal absolutely 
the State tax proper, leaving only the county and town taxes upon the people. In your 
State of Pensylvania, where licenses support the State government, the cities and towns 
could receive pro rata the seven and a half millions that would fall to your share. Your 
own city of Philadelphia would receive nearly a million and a half per annum. States 
that have been so oppressed by debt as to be tempted or driven to repudiation, would 
regain their credit, and every community, from ocean 
or another, realize that burdens of taxation were in 
believe the measure would prove a " great beneficence " 
Republic. 

Very respectfully, 



to ocean, would, in one form 
some degree ameliorated. I 
to the people in all parts of the 



JAMES G. BLAINE. 



* Note — The following table will show the amount which each State and Territory 
would receive under the distribution outlined in the preceding letter. The amount is 
given in round thousands : 



STATES. 



Alabama $2,208,000 

Arkansas 1,405,000 

California 1,557,000 

Colorado 340,000 

Connecticut 1, 188,000 

Delaware 255,000 

Florida 470,000 

Georgia 1,598,000 

Illinois 5,285,000 

Indiana 3,461,000 

Iowa 2,884,000 

Kansas 1,743,000 

Kentucky 2,884,000 

Louisiana 1,644,000 

Maine 1, 134,000 

Maryland 1,634,000 

Massachusetts 3, 120,000 

Michigan 2,863,000 

Minnesota 1,365,000 



Mississippi^ $1 980,000 

Missouri 3,794,000 

Nebraska 791,000 

Nevada 100,000 

New Hampshire 605,000 

New Jersey 1,980,000 

New York 8,893,000 

North Carolina 2,450,000 

Ohio 5,596,000 

Oregon -215,000 

Pennsylvania 7,493,000 

Rhode Island 483,000 

South Carolina 1,742,000 

Tennessee 2,698,000 

Texas 2,785,000 

Vermont 581,000 

Virginia 2,646.000 

West Virginia 1,081,000 

Wisconsin 2,301.000 



TERRITORIES. 



Arizona ... $70,000 

Dakota 236,000 

Idaho 57,ooo 

Montana 69,000 

New Mexico 208,000 



Utah 

Washington 

Wyoming 

District of Columbia 



$251,000 
121, 000 
36,000 

;io,ooo 



132 A RETURN TO CONSTITUTIONAL METHODS. 

The Centennial of the Constitution. 

The Constitution was framed in 1787, then submitted to the States for adoption, 
and the new government which it created formally inaugurated on the 4th of 
March, 1789. 

The incoming administration will then remain in office until the hundredth 
anniversary of its adoption, and must prepare a fitting celebration of that great 
event. 

The natural effect will be a revival of interest in Constitutional history and 
principles and a popular demand for a return to Constitutional methods of govern- 
ment. Strict adherence and loyalty to that great organic law will be the standard 
by which political parties will be judged. 

Such a criterion should be adopted by the people during the present campaign, 
in order that the party which has ever construed the Constitution strictly in their 
favor as against the pernicious theory of centralization and imperialism, may put 
an end to war constructions in time of peace, and prepare to inaugurate the second 
century of its existence with their accustomed respect and reverence for that im- 
mortal document — a production which the foremost statesman of Europe has justly 
termed " the most wonderful work ever struck off at a given time by the brain and 
purpose of man." 

There are thousands and tens of thousands of Independent and Republican 
voters who prefer the Jeffersonian or Democratic theory of local self-government 
to imperial tendencies, but who because of temporary and sectional issues have 
in the past affiliated with the Republican party. Happily those disturbing issues 
are dead and buried and the independent and intelligent masses are now considering 
first principles and drifting toward the wisely framed and popular platform of 
Jefferson and Madison. 

To them the Democratic party cordially extends the right hand of fellowship 
"W& welcomes their co-operation in the coming return to Constitutional methods. 



ADMINISTRATIVE REFORM. 133 



Administrative Reform, 



Open the Books. 

" We need to have the books in the government offices opened for examina- 
tion," said our candidate for Yice-President, Thomas A. Hendricks, when he re- 
turned to his people on July 12th, 1884, laden with the honors heaped upon him 
at Chicago. In a sentence he expressed a leading thought of this campaign. 

In the month of January, 1876, Senator Davis, of West Virginia, called the at- 
ention of the Senate of the United States to the changes and alterations in the 
Finance Reports, books and accounts of the Treasury Department, both by reso- 
lution and speech. He asked then for a committee of investigation, but the Re- 
publican Senate refused the appointment, and referred the resolution to the 
Standing Committee on Finance, which Committee accepted and presented, as its 
report, the explanatory letter of the Republican Secretary of the Treasury. This 
ended action in the Forty-fourth Congress. On the assembling of the Forty-fifth 
Congress, Senator Davis renewed his resolution, and this time was successful in 
obtaining the appointment of a committee, of which he was made the Chairman. 
The report following the investigation (46th Congress, 2d Session, Report No. 
539) shows a most extraordinary condition of affairs, and, alone, amply justifies 
the demand of Senator Hendricks for the opening of the books of the government 
offices for examination. 

WHAT IS THE REGISTER OF THE TREASURY ? 

The Register of the Treasury is the official bookkeeper of the government, and 
has been from its organization ; he has charge of the great account books of the 
United States, which show, or ought to, every receipt and disbursement, and 
from which statements are annually made for transmission to Congress. This 
fact should be borne in mind for its relation to what follows : 

It is and has been the custom and requirement that the Finance Report to Con- 
gress should state the public debt for each year of the existence of the govern- 
ment. In 1871 it was noted that the report of that year very widely differed 
from the Report of 1870; as to years from 1833 to 1870 inclusive. Prior to 1833, 
they agreed. The differences involve many million dollars. 

AND WHY ? 

Up until the year 1870 the Register of the Treasury alone made the statement 
of the public debt, but in that year the Secretary of the Treasury made one as 



134 ADMINISTRATIVE REFORM. 

well, and his report and that of the Register did not agree; the discrepancies of 
the respective tables of statement excited unfavorable comment in the financial 
circles of England as well as this country, according to an Assistant Secretary of 
the Treasury. As a consequence, the Register was ordered to make changes in 
his table so as to make it conform with that of the Secretary, or to omit it 
altogether. 

AN EXTRAORDINARY ORDER, 
Here is the letter of order (see testimony of Register Schofield, p. 5): 

"Treasury Department, 

"November ££, 1871. 
"Sir: I have to request that the statement of the public debt on the 1st 
day of January in each of the years from 1791 to 1842, inclusive, and at various 
dates in subsequent years, to July 1, 1870, as printed on page 276 of the 
Finance Report for 1870, may be omitted from your tables in the forthcom- 
ing reports, or else that it be corrected to conform to Table H on page xxv 
of the same report for the same year. 

"This request is made in consequence of a letter from the Assistant Sec- 
retary of the Treasury, now in London, who complains that these different 
tables are frequently referred to in England, and the discrepancies between 
them constantly and unfavorably commented upon. 

"The table found on page xxv is, I believe, as nearly correct as the ex- 
amination of the* accounts up to the present time will enable it to be made, 
though I am under the impression there will be some changes necessary in 
order to make it absolutely reliable. 

"Very respectfully, 

"J. H. SAVILLE, 

Chief Clerk. 
"Hon. John Allison, 

"Register of the Treasury.'" 

This order certainly was a most singular one, for it commanded the Register of 
the Treasury, the bookkeeper of the government, either to falsify the results of 
his books, or to omit a practice which, if it had not the sanction of law, certainly 
had that of a long standing custom — a custom as old as the government itself, 
and therefore quite as binding. But the order was obeyed, and the Register's 
table of statement of the public debt for 1871 presented a wide discrepancy when 
compared with the one presented by himself in 1870. 

This difference is what ? 

Large enough to startle even a Republican financier? 



247,767,341.66. 



Below is presented the extraordinary statement, now a part of the records of 
the United States Senate : 



ADMINISTRATIVE REFORM. 



135 



STATEMENT F.— PREPARED BY SENATE COMMITTEE ON TREASURY ACCOUNTS. 

Secretary's and Register's tabulated statements of the public debt for the fiscal years 

1833 to 1S70, inclusive. 

Copied from the Finance Reports of 1870 and 1871. 



Year. 


Secretary's state- 
ment, Finance 
Report, 1370, 
page xxv. 


1 

Register's state- 
ment. Finance 
Report, 1870 
page 276. 


Secretary's compared with 
Register's. 


Register's state- 
ment, Finance 
Report, 1871. 
page 368. 


Year. 




Increase. 


Decrease. 




1883 


$7,001,098 83 

4,760,082 OS 

37.513 05 

336,957 83 

3,308,124 07 

10.434/221 14 

3,573.343 82 

5,250,875 54 

13.594.480 73 

20.601.220 28 

32.742.922 00 

23.461,052 50 

15.925.303 01 

15,550.202 97 

38,826,534 77 

47,044.862 23 

63,061.858 69 

63,452,773 55 

68,304,796 02 

66,199,341 71 

59.803,117 70 

42,242,222 42 

35,5S6,950 56 

31,972.537 90 

28,099,831 85 

44,911.881 03 

58.496.837 88 

64.842.287 88 

90,580,873 72 

524,176.412 13 

1,119.772.133 63 

1,815,784,370 57 

2.680,647/09 74 

2,773.236,173 69 

2.678,126,103 87 

2,611,687.85119 

2,538,452.213 94 

2,480,672,427 81 


$7,001,033 85 

4,760,0dl 05 

351,239 05 

291,089 05 

1,878.223 55 

4,857,660 46 

11,983,737 53 

5,125,077 63 

6.737,398 00 

15,028,480 37 

27.203,450 69 

24,748.188 23 

17,093,794 88 

16,750,926 33 

33,956.023 38 

48,526,379 37 

04,704,693 71 

64,223.238 37 

62,560,395 26 

65,131,692 13 

67,340.628 78 

47,242,206 05 

39,969,731 05 

30,963,909 64 

29,000,386 90 

44,910,777 66 

58,755,699 33 

64,769,703 08 

90,867,828 68 

514,211,371 92 

1,098,793,18137 

1,740,690,489 49 

2,682,593,026 53 

2,783,425.879 21 

2.692,199.215 12 

2,636,320,904 67 

• 2,489.002.480 BC 

2,386,358.599 74 


$665 95 
100 

45*888 78 

1,429,900 52 
5,576,560 68 




• $7,001,698 83 

4,760,082 08 

• 37,513 05 

336,957 83 

3,308,124 07 

10.434.221 14 
3,573,343 82 
5,250,875 54 

13,594,480 73 
20,601,226 28 
32,742,922 00 
23,461,652 50 
15,925,303 01 
15,550,202 97 
38,826,534 77 
47,044,862 23 
63,061,858 69 
63,452,773 55 
68,304,796 02 
66,199,341 71 
59,803,117 70 

42.242.222 42 
35,586,956 56 
31,972,537 90 
28,099,831 85 
44,911,88103 
58,490,837 88 
64,842,287.88 
90,580,873 72 

524,176,412 13 
1,119,772,138 63 
1,815,784,370 57 
2,680,647,809 74 
2,773,236,173 69 
2,678,126,103 87 
2.611,687,851 19 
2,588,452,213 94 
2,480,672,427 81 


1833 


1334 




1834 


1335 

1836 


$313,776 00 


1835 
1836 


1837 

1S3S 

1339 


" 8,410,393 71 


1837 
1838 
1839 


1840 


125,797 91 
6,857,082 73 
5,572,739 91 
5,539,471 31 


1840 


1S41 




1841 


1342 




1842 


1343 

1844 

1345 

1346 

1347 

1848 




"l, 286, 535 73 
1,168,491 79 
1.200,723,36 
130,088 61 
1,481,517 14 
1,642,835 02 
775,464 82 


1843 
1844 
1845 
1846 
1847 
1848 


1849 

1350 




1849 
1850 


1851 


5,744,400 76 

1,067,049 58 


1851 


1852 

1853 


" 7,537,511' 08 

4,999,983 63 
4,382,774 49 


1852 
1853 


1854 




1854 


1855 




1855 


1856 


1,008,628 26 


1856 


1857 


360,555 05 


1857 


1858 . 


1,103 37 


1858 


1359 


257,861 45 


1859 


1860 


72,584 SO 


1860 


1361 


286,594 96 


1861 


1862 


9,965,040 21 
20,978,957 26 
75,093,881 08 


1862 


1863 

1864 




1803 
1864 


1865 

13'i6 


1,944,156 79 
10,189,705 52 
14,073,111 25 
24,633,113 48 


1865 
1866 


1867 

1368 

1869 

1870 


' 99,449, 733*36 
94,313.828 07 


1867 
1868 
1869 
1870 








Total. 


20,233,160,879 33 
19,985,393,537 67 


19,985,393,537 67 


332,843.895 54 
85,076,553,88 


85,076,553 88 


20,233,160,879 33 
19,985,393,537 67 

247,767,341 66 














247,767,341 66 




247,767,341 66 














Difference, 
nient, as < 
ment 


or increase, in Se 
,ompared with R 


cretary's state- 
sgister's state- 


247,767,341 60 









Where Lays the Power to Order a Change ? 

When Register Schofield was under examination before the Committee the 
following* testimony was elicited (see testimony, page 9) : 

By Mr. Beck 

******** * 

Q. The Constitution of the United States, in the 7th clause of section 9. article 
1, provides that " no money shall be drawn from the Treasury but in consequence 
of aporopriations made by law ; and a regular statement and account of the re- 
ceipts and expenditures of all public money shall be published from time to 
ime :" and section 313 of the Revised Statutes of the United States makes it tin 



136 ADMINISTRATIVE REFORM. 

duty of the Register •' to keep all accounts of the receipts and expenditures of 
the public money, and of all debts due to or from the United States." Now 
please state by what authority, if any, the Secretary or his chief clerk, or any- 
body else, could direct the Register either to change his reports or conform them, 
to any view that the Secretary or any one else might have as to the proper mode 
of keeping and publishing them ? — A. I suppose the Secretary Las authority to 
prescribe the manner in which the accounts shall be kept, but I do not suppose 
that any Secretary has the rig'ht to alter the books of the Treasury, and I have 
always understood that that was never done. 

Q. Admitting that the Secretary had the right to prescribe rules for the future 
action of the Register, had he any sort of authority to give orders as to how past 
events should be stated or past records changed after they had been published 
and submitted to Congress under the constitutional requirement ? — A. I think 
that would be a question which your committee ought to answer in your report* 

By the Chairman : 

********* 

Q. Are you not as Register the official bookkeeper of the government, and final 
custodian of all warrants and vouchers, whatever may have been paid for any ex- 
penditure or receipt of the government ? — A. Yes, sir. 

Q. Can any money bo received into or paid out of the Treasury without a war- 
rant going through your office ? — A. Moneys are received into the Treasury by 
warrants and paid out on warrants, which by the act of 1789, Rev. Stat., sec. 305, 
must be drawn by the Secretary, countersigned by the Comptroller, and registered 
by the Register. 

Q. I ask the general question whether any money can be paid out or received 
into the Treasury without the warrant going through your office ? — A. It cannot. 

Q. You keep all accounts of the government, do you not, where money, or 
bonds, or anything which relates to the financial condition of the government is 
concerned ? — A. Yes, sir. 

Q. When was the Register's office established? — A. At the beginning of the 
government, by the act of 1789. 

Q. When was the Secretary's office as a warrant division established ?— A. The 
Secretary always issued the warrants, but I think the warrant division as it now 
exists is of recent origin. 

Q. Can you give us the time ? — A. I cannot without looking it up ; I think 
about 1870. 

This order of the Secretary of the Treasury resulted in an increase of over 
$247,000,000 in the public debt, as shown by the statement of it for the year 1S71, 
going back to the year 1833, though during those years the statements made to 
Congress purported to be an accurate transcript of the books of the Register. 

THE MODE OP STATING THE PUBLIC DEBT. 

It appears that after 1870, in accordance with the order of the Secretary, there 
was a difference in the mode of stating the public debt. How these changes wero 
made is well shown by William Guilford, who in the Register's Office had charge 
of making up the Receipts and Expenditures of the government. His testimony 
is as follows (see testimony, pp. 25 and 26) : 

* * * ***** * 

Q. Did you prepare that statement for the committee in the Register's office 
(handing to witness statement marked i* Statement No. 2 "), being a " statement of 
the Receipts, Expenditures and outstanding principal of the Public Debt, interest,, 
and premium paid from 1860 to 1877, inclusive, compiled from the books in the 
Register's office ?" — A. Yes, sir; I prepared that with my own hands. 

*** ****** 

Q. I see in a column headed "Amounts to be added to receipts," marked "b," 
$2,019,776.10; and another one marked " c," $1,000,000; and then one marked 
"d," $3,274,051.69, making a total of $6,293,827.79, which you say is "to be 
added to receipts." What is meant by that ?— A. That is in accordance with the 
Secretary's Report of 1871. Those amounts do not appear upon our books. They- 



ADMINISTRATIVE REFORM. 137 

are added in accordance with the Secretary's order, in order to harmonize the two, 
as is shown in the report of 1871. 

Q. I understand that these three items, amounting to between six and seven 
million dollars, do not appear upon your books ? — A. They do not. 

Q. But are added here by order of the Secretary? — A. So I understand. 

Q. How did you state the debt for 1870 and previously ?— A. I did not state 
it myself, but it was stated by the Issues and Redemptions. 

Q. How has it been stated since ? — A. It has been stated since by Receipts and 
Expenditures, and the table has been revised in accordance. 

Q. In the revision you speak of, you changed the amounts as they had pre- 
viously been reported from your office, commencing with 1833 ? — A. Yes, sir. 

By Mr. Allison: 

Q. Do I understand that you have charge of the books in the Register's office 
showing the Receipts and Expenditures of the government ? — A. No, sir; I com- 
pile from the books the Receipts and Expenditures. 

Q. It is a part of your duty, then, to make up a tabulated statement annually 
of the Receipts and Expenditures from the books of the Register ?— A. Yes, sir. 

A GREATER MAN THAN HAMILTON. 

Alexander Hamilton, when Secretary of the Treasury, adopted the system of 
stating the public debt by "Issues and Redemptions/' but Secretary Boutwell, 
being a greater man, changed the Hamiltonian system in 1870 to "Receipts and 
Disbursements," with a consequent result of increasing the public debt statement 
by over $217,000,000. The testimony of Major Power, then Chief Clerk of the 
Treasury Department (p. 61), shows that not only an accurate statement could be 
made up from the Issues and Redemptions alone, but that it was the best way. 

Why was the change in the mode of statement made ? No improvement is the 
result, but upon the contrary a confusion most vexatious, as the following will 
show : 

DIFFERENCE BETWEEN^ RECEIPTS AND EXPENDITURES. 

Major Power testifies (see testimony, pp. 80 and 81) ; 

By the Chairman : 

********** 

Q. Look at the report of 1871, at page 20, and state what the total receipts cf 
the government up to June 20, 1871, were. — A. The total receipts received into 
the Treasury on account of loans were $7,094,541,041 .38. 

Q. The net expenditures ?— A. $4,857,434,540.51, leaving a balance of $2,237,- 
106,500.87. 

Q. State what the difference is between that and the actual amount of the pub- 
lic debt at that time ?— A. The actual public debt was $2,353,211,332.32. 

Q. What is the difference between the actual debt and what it would appear to 
be on the basis of Receipts and Expenditures ?— A. $116,104,831.45. 

Q. If Receipts and Expenditures were the true way to keep the public debt, 
ought not the difference between Receipts and Expenditures to have shown the 
actual amount of the public debt ? — A. It should have shown the actual amount 
of the public debt plus the amount of loans or bonds issued for which no receipts 
came into the Treasury. 

Q. lou have said that it does not state the true amount of the public debt by 
$116,000,000, in round numbers. What is the reason why it does not show the 
true amount ? — A. On account of the loans that were issued and redeemed after- 
wards, for which no reeeipts came into the Treasury, and various items of dis- 
counts, premiums, and interest charged as principal. 

Q. If that be so, Receipts and Expenditures alone would not show the actual 
public debt ? — A. Not unless you add these items for which no receipts were re- 
ceived. 

#**,******* 

Mr. Bayley, of the Secretary's office, testifies (see testimony, p. 121) : 



138 ADMINISTRATIVE REFORM. 

By Mr. Dawes : 

********** 

Q. When did this $116,000,000 first appear in the Finance Report ?— A. The 
first note is in 1871. 

Q. When did this $116,000,000 first appear ; what is it a discrepancy between ? 
— A. The discrepancy is between the amount received on account of loans and 
Treasury notes. 

Q. In the published reports in which year did it first appear to make a dis- 
crepancy ? A. In 1870. 

Q. Under what head ? A. Under the head of tables K and L. 

Q. What are their names ? A. " Statement of the Receipts and Expenditures 
of the United States." 

Q. That made a discrepancy of $116,000,000 between that statement and what 
other statement ? A. And the amount of the public debt as shown at that time 
bv the debt statement. 
"Q. This $116,000,000, then, first appeared there ? A. Yes, sir. 

Mr. Bayley here says that he found a difference of $116,000,000 between the 
public debt statement at that time and the amount of debt stated from Receipts 
and Expenditures, and the discrepancy appeared for tho first time in the Finance 
Report of 1871. That is to say, when the Receipts and Expenditures on account 
of the public debt were compared in 1870, there were $116,000,000 of public debt, 
according to the Secretary's debt statement, unaccounted for by a statement made 
up from the Receipts and Expenditures : 

From the beginning of the government to June 30, 1871 : 

The total receipts were $7,094,541,041 38 

The total net expenditures - 4,857,434,540 51 

Balance 2,237,106,500 87 

The public debt, June 30, 1871.. 2,353,211,332 32 

Difference 116,104,831 45 

VERT REMARKABLE BOOKKEEPING. 

This certainly is very remarkable bookkeeping, if it be no worse. Bufc it is 
not alone in these particulars that this looseness of administration is shown. 
Perceive how little check there is in the issue of bonds and how easy for a dis 
honest man to enrich himself when the opportunity presents itself. 

William Fletcher, Chief of Loan Division, in answer to how bonds were 
issued, said (see testimony, pp. 126, 127 and 128): 

By the Chairman : 
********** 

Q. Please explain where, when you went into the office, and where at present, 
bonds were and are issued ? A. I did not know much about it at the time I 
entered the office, and I do not know that I can tell how bonds were issued fifteen 
years ago. I was then a clerk of class one and had not the management ; neither 
have I been over the papers so as to be able to tell how bonds were issued then. 
I can tell how an issue is made now and how it has been for a number of years. 

Q. State that A. A deposit is made in the office of the Treasurer, for which 
he issues a certificate, and upon that certificate our office issues an order on the 
Register of the Treasury. On that order bonds are- issued. I have a certificate 
here which I can show. 

Q. Does the bond come back to your office ? A. Yes, sir ; and receives the 
seal and is initialed. 

Q. Does it then go back to the Treasurer's office ? A. No, sir ; not to the 
Treasurer's. It is delivered in accordance with instructions indorsed on the 
Treasurer's certificate. 

Q. The Treasurer, after giving the order, has nothing further to do with the 
bond in any way ? A. No, sir. 

********** 

Q. If you did so, the bond would come to you office for putting on the initials? 
A. Yes, sir. 



ADMINISTRATIVE REFORM. 139 

Q. And would not go to the Treasurer to see if he had money for it in the 
Treasury ? A. It would not go to the Treasurer. 

Q. If the Treasurer issues a certificate for a one thousand dollar bond, is there 
anything to prevent an order for two thousand dollars of bonds being sent to the 
Register's office from your office ? A. Only our checks. 

Q. Your integrity ? A. Yes, sir. 

Q. I am putting that out of the question all the time. If such a bond was 
issued, that two thousand dollar bond would come back to your oflice. What 
would you do with ? A. The initials of the clerk having charge of the loan 
would be put upon it, and it would be sealed. 

Q. But the Treasurer himself would know nothing of it ? A. No, sir. 

Q. Do you keep an account in your office of accrued interest on bonds when 
they are issued ? A. We keep an account of it as furnished by the certificate 
of deposit. 

Q. To make plain, if I were to ask you to-day to furnish me a list of ac- 
crued interest upon bonds sold since 1864, or any other time, could you do it ? 
A. I could not. 

Q. It is not kept in your office in such a way that you could ? A. No, 
sir. 

********** 

And Treasurer Gilfillan testifies (see testimony, pp. 106 and 107): 

By the Chairman: 

********* 

Q. How do you know that a bond is issued for the same amount that you 
gave a certificate for? A. I have not any knowledge of the transaction after 
having given the receipt. 

Q. If A applies for a $1,000 bond and pays you the principal and accrued in- 
terest, you give him a receipt for that $1,000. That then goes to the Loan Di- 
vision of the Secretary's office, as I understand, and the Loan Division issues an 
order to the Register to issue the bond? A. Yes, sir. 

Q. The Register is-ues the bond, and does what with it? A. Transmits it 
usually to the subscriber, to the depositor. 

By Mr. Dawes : 
Q. Before he does that, does he not send it to the Secretary? A. This present 
loan, as I understand, goes back to the Loan Division of the Secretary's office. A 
part of the process is then completed: I think putting on the seal and an initial. 

By the Chairman : 
Q. That is the same office that gave the order for the bond? A. Yes, sir. 
Whether they send the bonds or not I am not certain. 

********* 

Q. Is there anything other than the integrity of the officer to prevent the Loan 
Division, if it receives a certificate from you of $1,000, directing the Register to 
issue a bond of $2,000? A. I do not know that there is, of my own knowledge. 

Q. Is there any check upon the Loan Division from making an order upon the 
Register to issue to A a bond of any given amount? A. Not that I am aware of. 

Q. How long has the present system of issuing bonds been in practice ? A. I 
think ever since there has been a Loan Division. I know it was so in Mr. Bout- 
well's time. 

********* 

Thus it will be seen the Chief of the Warrant Division, the Chief of the Loan 
Division, and the Treasurer of the United States all say that there is no check 
upon the Loan Division in issuing bonds, and that upon the integrity of one man 
in the Loan Division may depend whether or not the bonded debt of the govern- 
ment is as reported. 

WHO KNOWS HOW MANY LEGAL TENDER NOTES ARE IN CIRCULATION. 

It is quite the same with regard to the issue of legal tender notes. 

In regard to the issue of legal tender notes, Major Power testifies (see testimony 
pp. 92 and 93) : 



140 ADMINISTRATIVE REFORM. 

.By the Chairman : 
********** 

Q. The Register's name is en the notes, I believe ? A. Yes, sir. 

Q, Does the Register ever see the notes ? A. Not until they are redeemed. 

Q. Then a note issued, though it is signed by the Register, never passes through 
the Register's office ? A. That is, the notes bear the facsimile of the Register's 
signature. 

Q. I understand that the Superintendent of the Printing Bureau delivers to 
the Treasurer direct the notes, legal tenders or fractional currency when the lat- 
ter was in existence. Do they pass through any other hands but those two ? A. 
They do not. 

Q. They are ready for circulation when the Treasurer receives them from the 
Printing Bureau ? A. They are then ready for circulation. 

Q. They are ready ? A. Yes; but they cannot be put into circulation legally 
until the Treasurer covers the amount into the Treasury ; they are not money in 
the Treasury until covered in. 

Q. Still they are in his possession and no one else has possession of them but 
the Treasurer, and he could, it' he was dishonest, put them in circulation without 
making any further report about the matter ? A. There is no other check upon 
the immediate issue of these notes. 

Q. They do not pass through the Register's office until thay are redeemed and 
ready for destruction ? A. No,sir. 

Q. Then are they registered in the Register's office, all that have been de- 
stroyed ? A. They are. 

********** 

Q. And the same as to deliver from the Printing Bureau to the Treasurer has 
been in existence since the act creating the two classes of notes, the legal tenders 
and fractional currency ? A. Yes, sir. 

Q. And they pass through no other hands, I understand, as a check ? A. 
No, sir. 

********** 

This shows that the Register's name is on aW legal tender notes, that he does 
not see them until they are redeemed, and that there is not a proper check on the 
Treasurer or Bureau of Printing in this regard, so that the Chief of the Bureau of 
Printing or the Treasurer, if dishonest, could put notes improperly in circulation. 

INTEREST PAID WITHOUT KNOWING THE AMOUNT OF BONDS OUTSTANDING. 

Nor is there anything more satisfactory with regard to the statement of money 
received for bonds, principal and interest together. According to the following 
testimony the Treasurer pays the interest on the bonds, but he cannot give the 
amount of bonds outstanding. 

AMOUNT OF INTEREST ON BONDS. 

James Giliillan, Treasurer of the United States, testifies (see testimony, pp. 104 
and 105): 

By the Chairman : 

Q. To put it practically, if 3-ou were asked to-day to furnish this committee 
with the total amount of interest and principal received last year in bonds which 
were sold, could you furnish it? A. Not from the books, my impression is, 
without going through and taking the warrants and separating them. 

Q. You understand that when the entry is made upon the books it is made in 
gross and not separate entries, one ©f principal and the other of interest ? A. Yes, 
sir. The items of receipts are internal revenue, lands, war, and navy (which 
are repayments), and miscellaneous. The miscellaneous includes the public 
debt and other receipts except those before named, which wo aid include princi- 
pal and interest. I think that was what you requested of mj in my statement. 

Q. Which you said you could not furnish ? A. Yes, sir. It was said it 
could not be famished as the books had been kept from 1361. 

******** » * 

Q. No separate account on the books was kept of principal and interest ? A. 
Of the receipts, no, sir. 



ADMINISTRATIVE REFORM. 141 

Q. Can your office give the exact amounts of bonds now in circulation ? A. 
A. No, sir. 

********** 

Q. Then you might, so far as your office is concerned, pay coupons of dupli- 
cate numbers, or a greater amount of coupons than were out ? A. If they were 
genuine coupons. 

Q. How would you know whether they were genuine or counterfeit — on the 
same principle that you know whether a note is a counterfeit or not ? A. 
Exactly. 

Q. But you have no means of knowing whether a bond has been fraudulently 
or illegally or wrongfully gotten into circulation or not ? A. Unless in the 
case of registered bonds, which are caveated, and we might have been notified; 
but we never should be notified of that, because it is not necessary. 



This shows that the Treasurer keeps the moneys received for bonds, principal 
and interest together, and that he cannot tell from the books how much was re- 
ceived for principal and how much for accrued interest for a given time; that is, 
accrued interest on bonds sold is not kept as a separate account. The treasurer 
pays interest on bonds, but he cannot give the amount of bonds outstanding. 
The treasurer pays all coupons presented, if genuine, but he does not know 
whether or not duplicates are paid by him or by the sub-Treasurers elsewhere. 

After the foregoing statement of extraordinary discrepancies and differences 
of debt statements, of unlawful changes in the increase and decrease of debt, and 
the showing of looseness of administration, of absence of checks in the issue of 
bonds and legal tender notes, by which the Government is protected only by the 
integrity of only a single clerk, and of the singular want of knowledge the 
Treasurer has of the amount of outstanding bonds on which he pays interest, the 
reader may be well prepared for the following statement of erasures and changes 
in the books of the Treasury. 

APPARENT ERASURES AND CHANGES IN THE BOOKS OP THE TREASURY. 

On the question of erasures and apparent changes in the books of the Treasury 
is the following testimony of Mr. Woodville (see testimony, pp. 110, 111, 112 
and 113): 

William Woodville recalled. 
By the Chairman : 

Question. By whom was the statement that I hand you prepared ? (Exhibit- 
ing.) — Answer. Prepared by Mr. Byrne, formerly clerk of this committee. 

Q. Have you examined it by the books so as to be able yourself to testify to it ? 
A. Yes, sir ; I can testify to this statement. I went over it with him and checked 
it off with him from the other book. 

Q. Have you recently re-examined it ? — A. Yes, sir ; I have refreshed my 
memory about it to-day. 

Q. Is it correct ? — A. It is correct, with the exception of a few memoranda 
which are marked there ; two exceptions which I have specified on it. 

The Chairman. 1 offer that in evidence, as having been the result of the work 
of Messrs. Woodville and Byrne together, and want it to go in. 



142 



ADMINISTRATIVE REFORM. 



Memorandum of erasures, alterations, and changes found in '■'■Register of Public Debt Warrants 
from January 1, 1865, to December 31, 1869. Secretary of the Treasury. 



Year. 


Date. 


Number of 
warrants . 




Amount. 


1865 


Jan. 3 
17 

Feb. 6 
9 

10 
17 

Mar. 3 
16 

Apr. 17 
28 

May 8 

20 

June 5 

19 

21 

22 

July 11 

Aug. 1 

5 
Jl4 

Sept. 4 
14 
14 
21 
25 
30 

Nov. 8 

8 

8 

8 

27 

Dec. 16 

Jan. 6 
16 
22 
26 
30 

Apr. 18 

May 7 
12 
15 
28 

June 6 
6 

13 
25 

July 31 
31 

Aug. 2 
21 
23 
23 

Sept. 4 
21 
29 
29 

Oct. 31 
31 
31 

Nov. 16 
22 

Jan. 7 
7 
8 
8 
12 
15 

Feb. 19 

Mar. 29 

June 12 
27 

Aug. 8 
24 


1737 
1883 
2053 
2099 
2118 
2160 
2302 
2398 
2678 
2784 
2855 
2944 
2983 
3116 
3238 
3256 
3275 
3445 
3628 
3629 
3672 
3718 
3881. 




$11,981 56 




Amount altered and scratched out ; canceled 




Amount altered and scratched 

do 

do 


40,434 54 

187,932 33 
669,920 00 
450,500 00 




do 


1865 


do 


18,392 10 




do 

do 


211,640 00 

1,087 12 

38,221 57 




do 




do 

do 


26,003 09 
28,616 15 




do... 


57,020 75 




do 


958,240 00 




do 


* 20.462 17 




do 

do 


17,999 78 
625 00 




do 


3,758 63 




do 


976 89 




do 


80 00 




do 


243,638 70 




do 


67,258 77 




do 


1,743,700 00 




Scratched . 

:...do.... 
4025 

Scratched . 
4088 
4371 

4372 
4373 
4374 

4486 

4611 

4746 

4817 

4862 

4900 

4920 

5454 

5621 

5673 

5701 

5795 

5888 

5900 

5958 

6064 

6436 

6437J 

6473 

6608 

6632 

6634 

6742 

6926 

6938 

6940 

7232 

7234 

7234 

7331 

7378 

20 

22 

27 

30 

52 

83 

Scratched. 

397 

663 

704 

830 

869 


Amount altered and scratched out 






do 






Amount altered and scratched 


13,000,000 00 










Amount altered and scratched 

Amount erased with red lines should be in Treasury 
proper 


959 08 

220 00 
150 00 




do 


200 00 




do 


74 00 




do 


82,548 33 
84,800 00 


1866 


.... do 


304 19 




do 


46,555 17 




do 


154 62 




do... 


24,380 00 




do . 


1,136 34 




do 


6.163 73 




... do 


107 71 




do 


45,176 73 




do 


89,900 00 




...:.. do 

do 


1,241,004 15 
6,791 87 




do 


257,500 00 




.. ..do 


20,637 67 




do 


136,3:25 88 




do 

do 


29,731,300 00 
23,127,248 27 




do 


7 49 




do 


372,424 36 




do 


30,906 43 




do 


55,298 62 




do 


585 97 




do 


15,520 77 




do 


52,485 35 




do 

do 


20,160,600 00 
8,000,000 00 




do 


7,000,000 00 




do 


19,981,750 00 

48,891 17 

3,535 02 




do 

..do 


1867 


Amount altered and scratched ; canceled 


1,378,450 00 




do 

Amount altered and scratched 


2,621 89 
50,000 00 
29,556 95 




Amount altered and scratched 


1,623 95 




do 


5,129 71 




Amount altered, and scratched ; canceled 


4,000,000 00 




Amount altered and scratched 


4,963 40 




do 


11,449 96 




do 


103 00 




do 

do 


394,100 00 
788,000 00 



ADMINISTRATIVE REFORM. 



143 



Memorandum— continued. 



Year. 



Date. 




24 




27 




31 


Sept 


21 


Oct. 


17 


Dec. 


2 




2 


Feb. 


14 


June 


8 




3 


Julv 


81 


Aug. 


27 


Sept. 


12 


Oct. 


81 


Nov. 


12 




12 


Mar. 


20 


July 


31 


Sept. 


30 


Oct, 


m 




30 


Nov. 


30 



Number 
Warrants. 



S70 
875 
8S4 
934 
Scratched. 



1051 

1052 

62 

174 

174 

236 

259 
285 
346 
377 



60 
135 



176 

186- 
187 

203 



Amount altered and scratched 

do 

do 

do 

Marked in margin " (Directed same to issue on 
November It," and the entry crossed out with 
black lines, whilst the amounts in figures are not 
erased. The aggregate amount of the warrant is. 

Amount erased with red lines ; eee next page 

do 

Amount erased with lines ; canceled 

Amount erased with red lines $14,450 00 

do 527 42 



Amount altered and scratched 

do 

Amount erased with red lines ; canceled 

Amount erased with red lines 

Amount erased with red lines ; canceled 

do 

......do 

In several amounts this warrant shows alterations 
and scratches 

In the recapitulation for the month of July, 1869, in 
the item of "Redemption of the Public Debt," 
the figures are altered and scratched $12,561,467.49 

In the recapitulation for the month of August, 
1869, the amounts entered are in several items 
altered and scratched. 

Amount altered and scratched 

do 

Amount altered and scratched; premium on sinking- 
fund principal i 

Amount altered and scratched; redemption of the 
public debt 

In the month of November, 1869, the amounts 
entered in the recapitulation are scratched and 
altered in several items. 



Amount. 



1,031 83 

401,000 00 

340,500 00 

350 00 



24,069,000 00 
356,400 00 
128,000 00 

$2,000,000 00 



14,977 42 

28,283,850 00 

200,000 00 

5 00 

23,735,382 50 

3,045,000 00 

37,661 50 

1,233,791 98 

20,824,402 08 



21,314,102 68 
5,630,541 84 



311,945 10 
7,265,416 00 



Room 65 Treasury Building, 
Committee on Treasury Accounts, 
Washington, D. C, November 22, 1878. 

Senator: I make, at your request, a copy from my "memorandum book of 
alterations and erasures," from a book called " Register of Public Debt War- 
rants." 

In my examination of the books furnished the committee by the Secretary of the 
Treasury, I have thus far noted 1,120 alterations and changes in the 89 books I 
have examined. 

Most respectfully, your obedient servant, 

EDWD. BYRNE. 
Hon. H. G. Davis, 

Chairman, &c. 

Q. Have you made examinations of different books in the Secretary's, the 
Register's and the Treasurer's office ? — A. My examination was particularly in the 
Register's and Treasurer's books, and the public debt of the Secretary from 1860 
to 1871, inclusive. 

Q. Did you find upon those books alterations or errors or erasures in figures ? 
— A. Yes, sir ; I found alterations, scratches, canceled warrants. 

Q. To what extent ? — A. In the Treasurer's books from 1860 to 1867, inclusive. 
the alterations, scratches, and canceled warrants amounted to about twelve hun- 
dred in round numbers. 

Q. Twelve hundred different alterations ? — A. Alterations, scratches, and 
canceled warrants, anything like a change from the original amount. 



144 



ADMINISTRATIVE REFORM. 



Q. Just explain generally what you found upon the books in regard to erasures 
or alterations of figures ? — A. Amounts scratched and new figures substituted. 

2,500 ERASURES IX LEDGERS INVOLVING $280,000,000. 

These changes, alterations and erasures involve an aggregate sum of about 
$280,000,000 since January 1st, 1G65, less than twenty years. Why these 
changes and erasures ? What transactions do they cover ? What is hidden be- 
neath them ? But the erasures are not all. Mr. Woodville, in his testimony, 
continues : 

Q. Do you know of any leaves being entirely out of the books that appeared 
to have been cut out ? A. Yes, sir ; in the beginning of the war some of the 
Treasurer's accounts are that way, about 1801 and 1862. 

Q. In how many instances ? A. Two, four leaves in one case and five in the 
other ; I can produce the books if you wish. 

Below will be found the detailed statement of the number and whereabouts of 
these erasures : 

John W. Gentry, acting as a clerk to the committee, was examined and testi- 
fied (see testimony, p. 165) : 
By the Chairman : 

Question. Have you made a careful examination of certain ledgers of the 
Register and Secretary of the Treasury ? — Answer, I have. 

Q. You selected one of the number that 3*ou have examined as an example of 
all that you have examined ?— A. I did of those mentioned in this statement. 

Q. Is the statement before you the statement you wirh now to offer as being a 
correct statement of the erasures and apparent alterations on the books you ex- 
amined ?— A. It is. 

Again (see testimony, p. 174): 

The eight (8) ledgers enumerated below have also been examined, with the re- 
sults as stated. 

Three (3) ledgers from office of Register. 



Title of ledger. 



1. Interior appropriation 

ledger No. 4. 

2. Naval appropriation 

ledger No. 6. 

3. Military appropriation 

ledger No. 13. 



Period. 



From July 1, 1861, to June 30, 1868. . . . 

From July 1, 1861, to June 30, 1866 

From July 1, 1867, to June 30, 1871 



Number of erasures and ap- 
parent alterations. 



One hundred and fifty-three. 
One hundred and thirty-seven. 
One hundred and thirty-eight. 



Six (C) ledgers from office of Secretary of Treasury 



Title of ledger. 



Period. 



Number of erasures and ap- 
parent alterations. 



4. Interior appropriation From July 1, 1860, to June 30, 1868.. 

ledger No. 3. 

5. Naval appropriation From July 1, I860, to June 30, 1863.. 

ledger No. 5. 
8. Naval appropriation From July 1, 1863, to June 30, 1867. . 

ledger No. 6. 
7. Naval appropriation , From July 1, 1867, to June 30, 1875. . 

ledger No. 7. ! 

S. Military appropriation | From July 1, 1859, to June 30, 1863. . 

ledger No. 10. 



Two hundred and ninety-six. 
One hundred and ninety-three. 
Six hundred and sixty-eight. 
Four hundred and fifty-seven. 
One hundred and sixty-eight. 



Three ledgers from Register's office, containing 428 erasures and apparent alterations. 

Six ledgers from Secretary's office, containing 2. ODD erasures and apparent alterations. 

Total in 9 ledgers 3,5£7 

I certify that I have carefully examined the nine (9; ledgers enumerated above, 
and that the foregoing is a true statement of the erasures and apparent altera- 
tions. JNO. W. GENTRY, Clerh 



ADMINISTRATIVE REFORM. 145 

Q. (By Mr. Dawes.) In the cases where your tables show what are called 
erasures and alterations, are you able to tell what the figures, as they now exist, 
have been substituted for ? — A. I am not. 

These scratches and erasures do not occur wholly in the daybooks or journals 
but in ledgers, and upon this point take the testimony of an experienced account- 
ant, Major Power (see testimony, p. 91) : 

By the Chairman : 

#*## # * * * * 

Q. Do you know whether or not there are scratches, changes or alterations, 
whatever you choose to call them, upon the books of the department ; take the 
Secretary's office ? — A. Scratches and mis-entries occur, I believe, in all systems 
of accounts, and the Secretary's office of the Treasury Department is no excep- 
tion to that. A clerk may make a mistake at any time. 

Q. Is that likely to follow from the day book or, journal into the ledger ?— A. 
It would be in the journal or register. 

Q. But it ought not to be in the ledger ? — A. No scratches or mis-entries should 
occur in the ledger. 

Q. You keep what is known as a register or journal, and post from that into 
the ledger, do you not ? — A. Yes, sir. 

******** 

SOMETHING VOTERS MAY WELL CONSIDER. 

The American voter may well stop and consider, what the wide discrepancies 
mean, what these erasures of 2,527 in the ledgers of the Registers' and Secretaries' 
offices portend. Time hides many things, destroyed leaves and cut pages conceal 
others, but there is one thing that the American people can have done and that is 
what Governor Hendricks suggests, " the books of the Government opened for ex- 
amination," by faithful and honest public servants. 

After the foregoing record is examined, the American voter U well prepared to 
consider the following partial list of defalcations which have occurred during the 
past twelve years, defalcations upon the part of the servants of the American 
people. 



DEFALCATIONS OF UNITED STATES OFFICIALS 

DURING THE ADMINISTRATIONS OF PRESIDENTS GRANT, HAYES 
AND ARTHUR, COMPILED FROM THE PUBLIC RECORDS. 



TOTAL AMOUNT STOLEN, SIXTEEN MILLION EIGHT HUNDRED AND SIXTY-EIGHT 
THOUSAND FOTJIt HUNDRED AND SIXTY DOLLARS AND SIXTY CENTS. 



This does not include money stolen from the Government under the Whiskey 

Ring frauds, Star Route frauds, Post Office Department defalcations, 

Burnside's frauds, Signal Service (Howgate's) frauds, or the 

Naval Medical Bureau frauds, or the defalcation of the 

Disbursing Clerk of the State Department. 

Statement of amount of defalcations of Officers of the United States for the 
fiscal years of 1869 to 1883, both inclusive, as shown by the certified transcripts 
of the Accounting Officers of the Treasury Department filed in the U. S. Courts 
and by the annual reports of the Solicitors of the Treasury to the Secretary of 
the Treasury and to the Attorney-General of the United Slates. 

10 



146 ADMINISTRATIVE REFORM. 

This statement embraces only defalcations where suit has been brought by the 
United States against the defaulting officers or their bondsmen and does not in- 
clude suits against defaulting Post Office Officials. 

The First Comptroller of the Treasury is directed by section 272 of the Revised 
Statutes of the United States : "To make an annual Report to Congress of such 
"officers as shall have failed to make settlement of their accounts for the pre- 
ceding fiscal year." 

No such report as is required by this mandatory law has been made from 1S69 
to the close of the last fiscal year. 

Had this law been obeyed, the country could have the satisfaction, at least, of 
knowing the amount it has lost by the defalcations of its officers, the names of 
the defaulting officers and whether they are still in office or not. The amounts 
of defalcations upon which no suit has been brought cannot be obtained from any 
official publication. It is the secret of the Republican Officials and the Republi- 
can party. 

Defalcations during the fiscal year ending June 30, 1869 $2,047,027 02 

Collections by suit unknown. 

Defalcations during the fiscal year ending June 30, 1870 $453,937 78 

Collections by suit unknown. 

Defalcations during the fiscal year ending June 30, 1871 $3,606,601' 06 

Collection by suit 5,330 32 

Loss to Government • $3,601,330 74 

Defalcations during the fiscal year ending June 30, 1872 $2,767,857 36 

Collections by suit 104,423 13 

Loss to Government $2,663,434 23 

Total amount of defalcations for the four fiscal years preceding 

June 80th, 1872 $8,875,484 22 

Total collected by suit 109,753 45 

Total loss to Government $8,765,729 97 

Defalcations during the fiscal year ending June 30, 1873 $1,206,936,55 

Collections by suit _ _ 170,781 32 

Loss to Government.. _ $1,036,155 23 

Defalcations during the fiscal year ending June 30, 1874.. $760,575 72 

Collections by suit _ 40,326 12 

Loss to Government _ '. $720,249 60 

Defalcations during the fiscal year ending June 30, 1875 $1,381,119 28 

Collections by suit _ - 25,072 43 

Loss to Government _ $1,356,046 85 

Defalcations during the fiscal year ending June 30, 1876 $1,298,616 06 

Collections by suit — 36,468 48 

Loss to Government $1,262,147 58 



ADMINISTRATIVE REFORM. 147 

Total amount of defalcations for the four fiscal years preceding 

June SO, 1376. $4,647,247 61 

Total collected by suit 272,648 35 

Total loss to Government . $4,374,599 26 

Defalcations during the fiscal year ending June 30, 1877 $794, 451 64 

Collections by suit _ 23,249 99 

Loss to Government $771,201 65 

Defalcations during the fiscal year ending June 30, 1878 $264,010 35 

Collections by suit __ 8,235 62 

Loss to Government .'_._ $255,774 73 

Defalcations during the fiscal year ending June 80, 1879 $281,854 94 

Collections from suits . 4,568 30 

Loss to Government _ $227,286 64 

Defalcations during the fiscal year ending June 30, 1880 $485,679 09 

Collections from suit .. _ 15,418 30 

Loss to the Government $475,260 79 

Total amount of defalcations during the four fiscal years preced- 
ing June 30, 1880 $1,775,998 02 

Total collections by suit 51,472 21 

Total loss to the Government _ '. $1,724,523 81 

Defalcations during the fiscal year ending June 30, 1881. $488,477 97 

Collections by suit.. 11.785 04 

Loss to Government $476,692 93 

Defalcations during the fiscal year ending June 30, 1882.. $427,920 24 

Collections by suit 1,224 14 

Loss to Government $426,196 10 

Defalcations during the fiscal year ending June 30, 1883 $653,835 56 

Collections by suit 5,924 32 

$647,911 24 
Total amount of Defalcations during the three years preceding 

June30, 1883 $1,569,733 77 

Total collections by suit 18,933 50 

Total loss to Government $1,550,800 27 



RECAPITULATION 



Amount of defalcations under Grant's first Administration $8,875,483 22 

Amount of defalcation under Grant's second Administration... 4,547,247 61 

Amount of defalcation under Hayes' Administration 1,775,996 02 

Amount of defalcation under Arthur's three years' Administra- 
tion ' 1,569,733 77 

Total defalcations ... $16..868.,460 62 



/ 



148 ADMINISTRATIVE REFORM. 

This makes an average yearly defalcation during the fifteen years preceding 
June 30th, 1883, of one million one hundred and twenty-four thousand five 
hundred and sixty-four dollars ($1,124,564.00). 

The amounts of defalcations by Post Office Department officials during the 
time stated above, are so intermingled in the Official Reports with other matters 
that they cannot be ascertained. 

This statement does not include the money stolen under the Whiskey Ring 
frauds, Star Route frauds, Howgate's Signal Service frauds, Burnside's P. O. 
frauds, Navy Medical Bureau frauds, or other frauds of that nature. 

Section 176, Revised Statutes of the United States provides that bonds shall be 
given by Disbursing Officers of the Government, satisfactory to the Solicitor of 
the Treasury, and the Secretary of the Treasury is authorized to cause the bonds 
to be renewed, strengthened and increased, at his pleasure. 

Section 3144 has a similar provision concerning Internal Revenue Officers' 
Bonds, with the substitution of the First Comptroller of the Treasury for the 
Solicitor. 

The small percentage of collections on the suits as shown by the Reports of the 
Solicitor of the Treasury, makes it clear that the laws above cited have not been 
executed. The collections on the Bonds of the defaulting officers do not amount 
to five per cent, of the defalcations. 

Section 3622 of the Revised Statutes directs that : 

" Every officer or agent of the United States who receives public money which 
" he is not authorized to retain as salary, pay or emolument, shall render his ac- 
" counts monthly. Such accounts with the vouchers necessary to the correct and 
" prompt settlement thereof shall be sent to the Bureau to which they pertain, 
" within ten days after the expiration of each successive month, and after examina 
" tion there, shall be passed to the proper accounting officer of the Treasury. 
" Disburing officers of the Navy shall render their accounts and vouchers direct 
" to the proper accounting officer of the Treasury." 

This section also gives authority to the Heads of the Department to prescribe 
such other rules as they may deem necessary for the prompt settlement of these 
accounts, and "the public interest may require." 

Had these laws been faithfully executed, it is obvious that no officer could nave 
defaulted over one mouth without discovery, and the enormous losses to the Gov- 
ernment would have been reduced to a minimum, if not altogether prevented. 
The failure of the Government officials to execute these laws gives the sureties 
of defaulting officers a good defence against the United States, as will be seen 
by the following extract from the Sunday Herald, of Washington, D. C, of 
July 27th, 1884 : 

" It is said the bondsmen of ex-Disbursing Officer Burnside, of the Post Office 
" Department, will claim that the law, in settling that officer's accounts, was not 
" complied with, and that they are not therefore liable; that, had the Department 
" settled the accounts as the law required, it would have been discovered that 
" Burnside was deficient in his accounts many years earlier, and at a time when 
" the account was small and the deficiency could have been made good. One of 
'• the bondsmen said to the Herald last week : ' We cannot be held responsible 
" for lack of duty on the part of the Government officials whose duty it was to 
" examine these accounts/" 

The following statement copied from " The Post" of Washington, D. C, of 
June 20th, 1884, illustrates the fact that the laws for the protection of the public 
funds have not been executed. 



ADMINISTRATIVE REFORM. 149 

J. O. P. Burnside was appointed Disbursing Officer of the Post Office Depart- 
ment, in 1876. He was appointed from Illinois, upon the recommen- 
dation, it is reported, of General John A. Logan, now candidate for Vice-Presi- 
dent on the Republican ticket. It will be seen he commenced defaulting as soon 
as he entered upon the duties of his office. He continued doing so with perfect 
impunity for seven years, though his office and his accounts were in the same 
building with the Auditor of the Treasury for the Post Office Department, and 
accessible every day to the examination of the Comptrolling officers of the Treas- 
ury. As a matter of fact, had not public attention been called to Burnside's 
losses in a fraudulent oil speculation, which caused his accounts to be examined, 
the defalcations would not now be known. The investigation shows thus far the 
defalcation of between eighty and one hundred thousand dollars. 



"BURNSIDE SURRENDERED. 



HIS BONDSMEN REFUSE TO AID IN SHIELDING HIM ANY LONGER. 



" THEIR ACTION THE OUTCOME OP DEVELOPMENTS MADE YESTERDAY, SHOWING 
SYSTEMATIC STEALING — ANOTHER DISBURSING OFFICER SHORT. 

" The developments in the various Government defalcations were of a startling 
"nature yesterday, one more being added to this number, besides an accumula- 
" tion against the already arrested men. The investigation of the accounts of 
" Col. Burnside, late of the Post Office Department, has resulted in some new 
"revelations as to tbe manner and extent of his frauds. His rearrest was the out- 
" come of the investigation now going on. It seems that in addition to diverting 
"to his private use some»$45,000of the funds drawn from the Treasury, Burnside 
"has been in the habit of pocketing the proceeds of the sales of the waste paper, 
" old carpets, furniture and the material of the Post Office Department. The 
•" revenue arising from this source, as far as can be ascertained, is about $5,000 
" per year, which Col. Burnside ought to have turned into the Treasury. His 
" accounts show that the first year he held the office, which was in 1876, he de- 
" posited in the Treasury on this account, $4,194. Each succeeding year_ shows 
" a deposit, in some cases exceeding $1,000, and for two years (79 and '81) no de- 
posit was made at all. It is the presumption that the amounts realized from 
"this source increased each year, but Col. Burnside's deposits largely decreased. 

" Col. Henderson and Mr. Lamson, of the inspectors' office, have been investi- 
" gating the books kept by Col. Burnside, and they found that thsre is no record 
"of any sales of material of this kind any where in the accounts of this disbursing 
"officer. The only way that they were able to trace the amount was by exarn- 
"ining the books of the men who had bought this material from Col. Burnside. 
" They found the receipts and the checks which had been paid to him, and in 
" the investigation so far, which is not half completed, they have been able to 
" trace over $12,000 which Burnside has received since 1876 on account of the sale 
*' of waste material. The peculations appear to have begun with Burnside's 
ie entry into his late position, and the sum of them will, it is expected, prove far 
4 ' more extensive before the investigation is completed. 



150 ADMINISTRATIVE REFORM. 

" In the police court, Prosecuting Attorney Thomas stated to the Court that 
" there was another charge against Col. Burnside which was essentially different 
"from the first one. In this case he is charged with converting to his own use, 
* ' $8,000, which he realized from the sale of waste paper. As to the matter of 
" bail he would ask $5,000 bail. 

"Judge Snell said that the defendant was already under $20,000 bail, and he 
" was not disposed to fix the bail at a large figure. 

"Judge Snell said the $8,000 charged here was not all taken at once, and to 
" cover the $8,000 there would have to be severel warrants taken out for the sev- 
eral embezzlements. The Court fixed the bail at $2,500, and the defendant 
" waived examination, and the case was sent to the grand jury. Mr. Richard J. 
"Beall afterwards appeared and went on his bond for this amount. 

" Later in the day the gentleman who had furnished the $20,000 bond for Col. 
"Burnside upon the occasion of his first arrest, decided that as the latest devel- 
opments showed a constant stealing for some years, they should not shield him 
"any longer. With this view, Detective Raff and Block visited Col. Burnside's 
"house, and he was again arrested and taken to the Fifth police station. His 
"bondsmen were W. B. Baldwin, George II. Plant, George T. Keen, E. B. 
" Fadcly and R. J. Beall. In the criminal court to-day they will formally sur- 
' ' render the prisoner. ' ' 

It is thus shown by the official records that a great many dishonest men have 
been appointed to office since 18G8, and entrusted with the custody of public 
funds. That immense amounts of the public money have been stolen by these 
officials regularly each and every year ; That the officers of the Government hav- 
ing charge of the bonds of these appointees have failed to secure from them sub- 
stantial bonds, as is their duty under the law ; That the law requiring prompt, 
monthly settlement of the accounts of these custodians of public funds have not 
been observed ; That, by reason of the failure to execute these laws, the bonds of 
these defaulting officers even when good, are released ; That the First Comp- 
troller of the Treasury fails to obey Section 272 of the Revised Statutes of the 
United States ; That, by his disregard of that law, the country is kept in igno- 
rance as to the names of its defaulters, whether the defaulters are still in office or 
not, the amounts that have been stolen, and whether any of the thieves have been 
criminally prosecuted or not ; and last, it is clearly shown that these annual de- 
falcations are on the increase instead of being diminished. 

It is respectfully submitted to the voters of the United States, that there 
nothing in the record of James G. Blaine to encourage a hope that if elected 
to the Presidency he would reform these corrupt practices and abuses of 
the Republican officials, while the record of Grovcr Cleveland gives every evi- 
dence that his election will cause a summary stop to these enormous annual 
thefts, and that the laws for the protection of public funds will be rigidly, hon- 
estly and faithfully executed. 



ADMINISTRATIVE REFORM. • 151 



DEFALCATIONS, 



Thefts, forgeries, perjuries, and general demoralization of the officers in the Civil 
Service of the XT. S. Government since 1880, as shown by the sworn testimony of 
the Examiners of the Department of Justice before the Committee of the House of 
Representatives on Expenditures in the Department of Justice, during the first 
session of the 48th Congress, and by the Official Reports of the Government Offi- 
cers. 

Note.— The marginal figures give the page of the Congressional Report the evidence is printed 
on. 

See Mis. Doc. 38, Part 1, 48th Congress, 1st Session. 

It is proven by this evidence, which is entirely from Republican sources, that 
many appointments have been made to offices of trust and responsibility of per- 
sons who are "defaulters," "thieves," "drunkards," "blackmailers," "liars," 
"convicts," "ex-convicts," "fugitives from justice," "assassins," "gamblers," 
"embezzlers of public funds," "bribe takers," "extortionists," " persons under 
indictment for violation of Internal Revenue laws," "'horse thieves," "forgers," 
one man who was under indictment for murdering an Internal Revenue offi- 
cer of the United States, and a great many other incompetent, inefficient and 
worthless men. 

It is proven by the sworn testimony of the officers of the Department of 
Justice, that many of these officers of the Government have arrested citizens 
on frivolous charges for the sole purpose of making fees or extorting money 
from them for their release, thus harassing and causing heavy loss and injury 
to innocent persons, by means of the appointments held from the United 
States. 

It is proven that the character of these officers of the Government was a 
degradation of and reproach to the public service. 

It is proven that in one District alone, where seventy U. S. officials were em- 
ployed, a large majority had passed on the Government, false, fraudulent and 
fictitious accounts and committed perjury in doing so. 

It is proven that in some cases the character of the U. S. officials was so 
bad that the judges of the U. S. Courts refused to permit them to exercise 
the duties of their offices in connection with the Court, and they were thus 
indirectly forced out of the employment of the U. S. without the consent of 
their superior officers, who had failed to remove them. 

It is proven that many of these men have been appointed to office and re- 
tained, when their crimes were a matter of public and general notoriety. 

It is proven that the Government has been robbed of hundreds of thousands 
of dollars by these men. 

It is proven that a great many persons have been appointed to office where 
their services were not needed. 

It is proven that one U. S. Judge was in the habit of borrowing money 
from Corporations and other parties having suits pending in his Court. 

It is proven that another U. S. Judge was a gambler and drunkard and is 
still on the bench he has disgraced. 



152 ADMINISTRATIVE REFORM. 

It is proven that a great many of these men have been retained and many 
promoted in office, and that in at least two cases the President has appointed 
to higher and more lucrative and honorable offices, men, 'who, according to 
the official reports of the Examiners of the Department, in addition to their 
sworn testimony, have perjured themselves and passed false and fraudulent 
vouchers on the Government. 

It is proven that in the Bureau of Printing and Engraving of the Treasury 
Department where the U. S. Currency is printed, such is the carelessness of 
those officers of the Government having custody of the funds of the United 
States, that thousands of dollars are found by workmen, not in employment 
of the Government, lying in the rubbish on the floor of one of the rooms of 
the Bureau; and it is also proven that the Disbursing Officer of the Bureau 
is a defaulter to the Government. 

It is proven that $47,000.00 was stolen in broad daylight from the vaults of 
the Treasury; that the thief was a clerk in the Treasury; that the Govern- 
ment accepted the thief as a witness for the U. S. against a person not con- 
nected with the Government who had been induced by the thief to hide the 
money, and, finally, that the Government compounded the theft by taking 
$12,500, and permitting the thieves to have the balance and go free 

It is proven by the defalcations in the Signal Service Bureau, in the Dis- 
bursing Office of the State Department and the frauds in the Bureau of 
Medicine and Surgery, of the Navy Department, that the Government can be 
robbed and plundered for years with perfect impunity and that the frauds are 
never discovered until there is a change in the Head of the Bureau. 

Henry W. Howgate, a first lieutenant in the U. S. Army, was detailed to act 
as Disbursing Officer and Purchasing Agent of the Signal Corps of the U. S. 
Army, and stationed at Washington city, D. C, under the administration of 
General Albert G. Myers, Chief Signal Officer, and continued holding those 
offices for several years till the death of General Myers and appointment of Gene- 
ral W. B. Hazen, when Howgate resigned. Howgate was a formidable com- 
petitor of General Hazen's for the appointment of Chief Signal Officer. General 
Hazen, soon after his appointment, caused an examination of Howgates's ac- 
counts to be made, and it was found that Howgate had been regularly and sys- 
tematically robbing the Government by means of false vouchers, of large sums 
of money for a number of years. General Hazen made affidavit before U. S. 
Commissioner Bundy, August 10th, 1881, that Henry W. Howgate, on the 15th day 
of February, 1879, while then a First Lieutenant in the U. S. Army and the Dis- 
bursing Officer of the Signal Service Corps, feloniously converted to his own use 
the sum of $12,000.00 of Government funds ; on the 15th of October, 1879, 
$11,800.00 ; on the 11th of August, 1880, $12,180.12, making a total of $40,- 
380. 12. Howgate was arrested on this charge and gave bail. 

Additional frauds being soon after discovered, he was again arrested, and 
being unable to r give the bond required he was sent to jail. A suit at law was 
filed against him August 24th, 1881, upon the affidavit of the U. S. officers, in 
which it is charged that he had unlawfully drawn from the Treasury of the 
United States from November 11th, 1878, to September 1st, 1880, $101,257.08. 

Howgate remained in jail some months unable to give bail. Being permitted 
by the U. S. Warden to leave jail to visit his residence, he absconded and cannot 
be found. It appears from the investigation of this case that no check was 
placed upon him by the officer having control of him and his accounts, and had 
General Myers lived and retained his position of Chief Signal Officer, Howgate 
would still be plundering the Government. 



ADMINISTRATIVE REFORM. 153 j 

A change of the head of the Department was tlie sole cause of the discovery of the 
frauds. 

Howgate 's fraudulent accounts passing the accounting and comptrolling officers of 
the Treasury for years without exposure. 



FRAUDS, THEFTS, DEFALCATIONS AND GROSS IR- 
REGULARITIES IN THE TREASURY DEPARTMENT. 



Extract from Washington "Post," May, 1883. 
THE OTTMAN CASE. 



DEVIOUS WAYS, OF JUSTICE — THE STORY OP A REMARKABLE COMPROMISE. 

. (From the New York Times.) 

Some of the peculiar ways in which justice is administered or "dispensed 
with " in the District of Columbia are shown in the history of the Ottman case. 
Eight years ago a package of new legal tender notes, amounting in value to 
$47,097, was stolen from the cash room of the United States Treasury. The thief 
was a clerk named Halleck, one of whose accomplices was W. H. Ottman, a liquor 
seller. These persons were arrested, and Halleck was convicted and sentenced 
to be imprisoned. An application for a new trial having been granted, he was 
released, and he became a witness for the Government against Ottman, who was 
indicted and twice tried. Each of the two juries failed to agree, and it is said 
that they yielded to secret influences which have been so potent in other and 
more important trials which have taken place in the old District court house. 
Proceedings in the criminal cases were abandoned, but by civil suit and seizure 
a large part of the stolen money was recovered. A package of $14,500 in the 
identical notes which had been stolen was captured in a bank where Ottman had 
placed it, and the entire sum recovered and placed in the hands of the treasurer 
of the>United States was $31,525. The case of the Government was a clear one. 
Pair trials before incorruptible juries would have resulted in the punishment of 
the thief and his accomplices, and the restoration of at least three-fourths of 
their plunder to its rightful owner, 

Last Summer, seven years after the date when Halleck stole the money, a com- 
promise was made, the details of which seem to have been made public for the 
first time a few days ago. The Hon. Richard Crowley, we are told, appeared as 
Ottman's attorney, empowered to represent him in the negotiations. Of the 
sum in the Treasury $12,500 was paid to the Department of Justice, and the re- 
mainder, $19,525, was given to Mr. Crowley for his client, so that the Govern- 
ment, having in its possession nearly three-fourths of the stolen money, gave 
back $19,525 to one of -the thieves, and has only $12,500 to show as the fruit of 
its detectives' and attorneys' labors. 

"Why did not the Government, having a clear case against the thieves, prose- 
cute them successfully? Was the Attorney-General convinced by two mistrials 
that an honest jury could not be secured? Ottman was entitled to all of the cap- 
tured money or no part of it. By agreeing to the compromise he seems to have 
admitted his guilt. Why did the present Attorney-General allow this compro- 
mise to be made, thereby releasing a large part of the money which had been re- 



154 ADMINISTRATIVE REFORM. 

covered by hard work and at heavy cost? Was it not possible by further pro- 
ceedings to so firmly establish the Government's title to this money that no one 
could reasonably claim it? These are some of the questions suggested by the 
history of this remarkable case. 

Extract from Post, May 18, 1883. 

TJ. S. MONEY THROWN ABOUT LOOSE AND UNCARED FOR; A FIND OF TEN 
THOUSAND DOLLARS. 

Last Monday morning about 8 o'clock, as two employes in E. N. Gray & 
Co.'s foundry, John N. Burgee and George S. Langley, were engaged in re- 
moving an old punch from the punch room of the Treasury Department, the 
latter espied a bundle of green paper under a truck, and on stooping to ex- 
amine it, saw the face of a $1,000 bill. Calling Burgee to him he pointed it 
out and said: "Do you want some money? There's a thousand dollars. " 
Burgee picked up the package, which was of ten new bills neatly tied and 
with slips of paper crossed on the back. An employe who had been in the 
room frequently was called and asked to have the superintendent take charge 
of the money. The latter had not yet arrived, but when he did, accompanied 
by several others, he came to the punch room to learn how the money had 
been found. Inquiry at the department yesterday failed to reveal who had 
obtained the money, but Mr. Langley said that the gentlemen who received 
it from the attendant was a stout man, dressed in blue clothes. 

Had this workman pocketed this $10,000.00, the probability is no one 
would have ever heard of the Government's loss outside of the Treasury 
Department. 

Omer D. Cole, Disbursing Officer of the Bureau of Printing and Engraving 
of the Treasury Department, whose accounts were examined soon after the 
Burnside defalcation, was discovered to be five thousand dollars deficient in 
his accounts. 

ALABAMA. 

M. C. Osborn was TJ. S. Marshal for the Middle and Southern Districts of Ala- 
bama during the year 1882 and part of '83. 

P. 128. —Special Examiners Boman, Nightingale and Wiegand of the Department 
of Justice, jointly reported, August 11, 1883, to the Attorney-General that Osborn 
4 ' was utterly incompetent to discharge the duties of the office ;" and that they 
found the most flagrant abuses existing — "many of the most untrustworthy and 
" disreputable persons in the district were employed in the service." "Almost 
" every Deputy Marshal in the District had presented false, fictitious and fraudu- 
lent accounts" against the United States. 

The amount of fraudulent accounts presented by Marshal Osborn was 
$7,490.20. 

Osborn remained Marshal till his term of office expired. He was not re- 
moved. 

P 413-416. — Examiners Wiegand and Bowman, of Department of Justice, reported 
to Attorney -General Brewster, August 3, 1883, that: 

Frederick Jost, Chief Deputy Marshal under Osborn, and his predecessor, Tur. 
ner, had " presented accounts for services rendered which he knew at the time 
"contained false and fictitious items. By his indifference, negligence or con. 



ADMINISTRATIVE REFORM. 155 

"nivance the most flagrant and glaring frauds were being constantly committed 
"throughout the District over which he had general supervision." 

Examiner Bowman says that Jost was afterwards promoted and appointed 
U. S. Deputy Collector of Internal Revenue for the State of Alabama. 

P. 419.— W. B. Jackson and Green B. Franklin, Deputy U. S. Marshals under 
Osborn, are reported specially by examiner Bowman as having made false and 
fraudulent charges in their accounts against the Treasury. 

P. 407-408-11. — TJiomas J. Szott was another Deputy Marshal under Osborn 
who is charged by Special Examiners Bowman and Wiegand, July 31, 1883, with 
making charges in his accounts that " are absolutely false, fraudulent and fictitious." 
Mr. Bowman under oath says Scott was not dismissed from office, on the con. 
trary was promoted to the " Jwnordble and lucrative officer " of " Register of the U. 
8. Land Office at Montgomery, Albania." 

P. 392-393-4.— Paul Strobach, XT. 8. Marshal of Alabama, Southern District, suc- 
ceeded Osborn in 1883. Examiner Bowman reports to the Attorney-General, 
April 4th, 1883, that Strobach appointed W. Easeley as U. S. Guard over prison- 
ers, who tendered false, fraudulent and fictitious charges for services. 

Mr. Bowman says in his report and also in his sworn testimony, that Easley, at 
the time of his appointment, was generally known to be a horse thief and a fugitive 
from justice. Bowman says 8. B. Oliver, another Deputy under Strobach, ren- 
dered false and fraudulent accounts against the Government ; and was retained 
in office until his dismissal was peremptorily ordered by U. S. States Judge 
Pardee. 

ILLINOIS. 

P. 174. — U. S. Marshal Jacob Wheeler, of the Southern District of Illinois. 
Examiner Haight, of Department of Justice, reports to the Attorney-General, April 
11, 1883. that Wheeler had made false charges against ttie Government, and was 
guilty of official irregularities. 

Clerk of the U. S. Courts, Bowen, at Springfield, is reported by Examiner 
Haight to have embezzled public funds and defaulted for $43,000.00. 

ARKANSAS. 

P. 166-7. —James Torrans, V. 8. Marshal of the Eastern District of Arkansas, is 
reported by Examiners Haight and Smith, June 9, 1883, to the Attorney-General 
as a defaulter to the Government to the amount at least of $30,000. 

Torrans, Deputy Joseph T. Brown, is guilty of presenting forged and false ac- 
counts against the Treasury. 

NORTH CAROLINA. 

P. 325. — Robert M. Douglas, IT. S. Marshal for the Western District of North 
Carolina. 

Special Examiners Bowman and Wiegand, of the Department of Justice, in- 
vestigated this officer's accounts, &c, and reported to the Attorney-General, 
November 7, 1882, " That James Dick, the Chief Clerk, is totally incompetent to 
perform the duties of the office. ,, Dick is the brother-in-law of Marshal Douglas. 

Deputy Marshal W. T. Watson is guilty of gross neglect of duty. 

Deputy Marshals A. M. Meadows and Goorge K. Pritcliard rendered false 
accounts. 

Deputy Marshals M. E. Haynie and G. R. Pritcliard rendered false vouchers to 
the Government, and were retained in office by MarsJial Douglas after lie knew (ff 
their frauds. 



156 ADMINISTRATIVE REFORM. 

Marslial Douglas says under oath that Haynie has since been appointed by Secretary 
of the Treusury to a responsible position in the Treasury Department, at "Washing- 
ton. 

Special Examin&r Bowman, of the Department of Justice, says under oath before 
the Committee of the H-Ju^y ^Representatives, February 9th, 1884, that from his 
personal knowledge of Haynie's official record, '.' he is undoubtedly a thief." 

ARIZONA TERRITORY. 

P. 184. — Joseph C. Tiffany, U. S. Indian Agent, is charged with embezzlement 
of the public funds, grand larceny, and conspiracy against the Treasury, by the 
officers of the Department of Justice. 

R. G. Wheeler, U. S. Indian Agent, at Pinia, Arizona Territory, is charged by 
the officers of the Department of Justice with gross irregularities in the admin- 
istration of his office. 

P. 271.— U. S. Marshal Dake of Arizona Territory. 

Examiner Bowman, of the Department of Justice, investigated this office in 
May, 1882, and reports to Attorney-General Brewster that Dake had received 
large amounts of public money which he had failed to account for. He did not 
keep any books, accounts, or records, and neglected the duties of his office for 
his private business. 

Wilson W. Hoover, Associate Judge U. S. Courts in Arizona Territory, is 
charged by the officers of the Department of Justice with borrowing money from 
Jiis court litigants. 

ALABAMA. 

P. 32. — Joseph H. /Slcss, IT. S. Marshal of the Northern District of Alabama, is 
charged by the Examiners of the Department of Justice, in their report to the 
Attorney-General, and in their sworn testimony before Congress, with permit- 
ting frauds in his District against the Government during the year 1882, and 
with gross neglect of duty. 

Deputy TJ. 8. Marshal Green in this district is charged with misconduct in office. 

P. 45. — U. 8. Commissioner, Paul Bavisees, Henry 8. Skaats and John H. Wal- 
lace, were removed by order of the Judge of the U. S. Circuit Court of Ala- 
bama, Dec. 5th, 1883, for gross irregularities in their accounts. 

On the same day the same Judge, for the same reason, ordered the immediate 
dismissal of the following named Deputy IT. S. Marshals, and prohibited their 
future employment: William Bates, C. B. Easeley, J. K. Meyers, Edward Mar- 
shall, S. D. Oliver, Sr., C. D. Oliver, Jr., J. H. Purdue, Hill Perdue, B. S. Perdue, 
C. B. Johnson, J. R. Porterfield, J. F. James and T. R. W. Bock. 

TEXAS. 

P. 254-5. — A. B. Norton, TT. 8. Marshal for Northern District of Texas, is 
charged by the officers of the Department of Justice, in their official reports to 
the Department, and in their sworn testimony before Congress, with preventing 
witnesses from testifying in cases of frauds against the Government and with ren- 
dering false accounts, and he employed corrupt " dissipated and reckless men as 
deputies who were a reproach to the public service." 

P. 257-8.— F. W. Miner, If. 8. District Attorney for the Northern District of 
Texas, is also charged by the same officers of the Department of Justice, with 
general incompetency, and permitting unlawful compromises in criminal cases. 



ADMINISTRATIVE REFORM. 157 

Edward Guthridge, U. S. District Attorney for the Eastern District of Texas, is 
charged by the same officers of the Department of Justice, 'in their reports to the 
Department and their testimony before Congress, with accepting bribes in the 
performance of the duties of his office. 

! Eat Gosling, U. S. Marshal for Western District of Texas, is charged by the offi- 
cers of the Department of Justice with neglect of duty and absence without 
leave. 

P. 257-8. — X U. Sirrell, Deputy U. 8. Marshal, under Marshal Norton. 

Examiners Bowman and Tidball reported to the Department of Justice, May 
9, 1882, that Sirrell was guilty of making unlawful arrests of citizens and extort- 
ing money from them for their release. 

P. 258. — Examiner Bowman swears that Deputy Marshal Sirrell's conduct "got 
so bad in the Marshal's office that they could not keep him any longer, and in- 
order to get rid of him he was appointed IT. S. Route Agent for the Post Office 
Department between Dallas and Waco, Texas, and is still in office (Feb. 2, 1884). 

U. S. Commissioner Schenck is charged in the same report, by the same officers, 
with accepting bribes to release prisoners charged with offences against the Gov- 
ernment. 

SOUTH CAROLINA. 

P. 455. — Absalom Ely tlie, U. S. Marshal of South Carolina, is charged by Examiners 
Ballin of the Department of Justice, with rendering false and fictitious accounts 
against the Government, and numerous irregularities. 

W. S. Walker, Clerk in Elythe's office rendered false accounts. 

The following named Deputy Marshals under Blythe are charged in a joint 
official report made to Attorney-General Brewster, by Examiners Ballin, Nightin- 
gale and "Woods of the Department of Justice, with rendering ' ' false, fraudulent 
"and fictitious accounts for services," viz : A. E. Phillippi, Julious Fraaborg, 
C. O. Kimball, John A. Stevenson, Alfred Harris, J. J. Pearson, Wm. M. Mittag, 
W. M. Bridges, A. G. Smith, C. A. Carson, J. E. Gaze, C. W. Cummings, James 
Turner, M. D. Alexander, W. F. Garey, W. Y. Holden, Wm. Kennedy, R. E. 
Evans, L. R. Fisher, W. C. Fisher, R. J. Spratley, M. L. Case, R. M. Casey, J. 
B. Dill, P. J. Barnister, W. D. Goode. Amount of false accounts, $6,824.43. 

LOUISIANA. 

IT. S. Commissioners W. 67. Lane, Joseph A. Quinters and Anthony Sambola are 
all charged by the officers of the Department of Justice with malfeasance in 
office. 

P. 34. — Francis A. Wolfiey, Clerk to the IT. S. Courts of New Orleans, is reported 
by the Examiner of the Department of Justice to have failed to account for 
$13,500 during the year 1882,— public funds. 

MISSOURI. 

P. 427.— C. M. Allen, U. S. Marshal. 

The Department of Justice examiners report that Allen made " a great many 
" false, fraudulent, fictitious and erroneous charges in his accounts " against the 
Government, and neglect of duty. 



158 ADMINISTRATIVE REFORM. 

Deputy Marshal W. H. Houghawout made fraudulent charges against the Gov- 
ernment. 

Zoesie, Chief Deputy Marshal of the Eastern District of Missouri, is charged with 
gross negligence of duty by the officers of the Bureau of Justice. 

C. C. Crippin, Deputy Marshal under Allen, "presented false and fraudulent 
" charges " against the Government. 

NEW TOEK. 

A. S. Lane, Deputy U. S. Marshal of the Northern District of New York, is re 
ported by the Examiners of the Department of Justice as rendering false accouuts 
against the Government. 

J. T, Quimbey, another Deputy in this District, is charged with conspiring with 
Lane to defraud the Government. 

GEORGIA. 

P. 49. — 0. P. Fitzsimmons was U. S. Marshal for Georgia up to November, 187-., 
when he was succeeded by General Longstreet. 

The Department of Justice Officers report Fitzsimmons was a defaulter to the 
Government for $23,000, and charge him with rendering false and fictitious ac- 
counts against the Government. Ex ami ner Ballin, who reported the case to the 
Department of Justice, says under oath before the Congressional Committee, Jan- 
uary 16, 1884, that he does not believe that the First Comptroller of the Treasury 
has caused suit to be entered on Fitzsimmons' bond, to recover the amount of de- 
falcation. 

Examiner Ballin charges Deputy Marshal Robinson with rendering false ac- 
counts while serving under Fitzsimmons. 

Examiner Ballin says these Deputies made out accounts for expenses that had 
never been incurred, and swore to them as being true and correct. He says there 
were about seventy deputy Marshals and the majority of them perpetrated frauds 
on the Government by making fictitious and false accounts against the Govern- 
ment. 

Warren B. Marshall, Assistant U. S. District Attorney, of S. C, is charged by 
Examiner Ballin with failure to report frauds on the Government, 

C. W. Cummins, Deputy Collector, Storekeeper and Gauger of Internal Reve-. 
nue. Examiner Ballin reports his accounts full of fraudulent charges. 

Examiner Ballin reports to the First Comptroller of the Treasury, May 8, 1882, 
on the character of some of Marshal Fitzsimmons' deputies, as follows : 

Deputy Marshal B. Bolton "had in his employ Wm. Bolton, his son, J. T. Self, 
" W. G. Self, and they in turn employed their brother-in-law, H. C. Davis, and 
" they all managed to support themselves by forced bills against the Govern 
"ment." 

Deputy W. G. Newman admits he employed guards that were not necessary. 

Deputy J. B. Gaston, guilty of irregularities. 

Deputy J. M. Robinson made false and fraudulent charges against the Govern- 
ment. 

Deputy A. J. Laird employed guards where none were needed. 

Deputy A. B. Wright made false charges. 

Deputy Jackson, unworthy of belief, made false statements. 



ADMINISTRATIVE REFORM. 159 

Deputy L. G. Perkle employed assistants where none were needed. 

Deputy T. J. Hunt's " accounts are full of fraud." 

Deputy A. D. Keith's'" accounts is infamously false ." 

Deputy H. R. Keith's are in the same shape as his son's, A. D. Keith. 

"H. R. Keith is a ruffian," his assistant Deputies are Peter Chapman, who is 
under indictment for murdering a United States Revenue officer, and D, P. Pain- 
ter, who has three indictments pending against him for violations of United 
States revenue laws. 

R. B. Keith is himsef an ex-convict of the Tennessee Penitentiary, where he was 
confined for horse stealing and his time of service not having expired, and as the 
record shows no pardon, he is believed to be a fugitive from justice. His treatment 
of citizens brought into contact with him officially, was brutal beyond expression. 

P. 260.— U. S. Marshal James Longstreet. 

Hon. Emory Speer, U, S. District of Georgia and an Ex-Republican M. C, 
states under oath before the Congressional Committee that General Longstreet 
(who is the Ex-Confederate General) presented accounts of his Deputy Robinson 
to the Treasury Department, which were fictitious and fraudulent. Indicted 
prisoners were allowed to escape from the custody of the Marshal. Mr. Speer 
says the office is not properly and efficiently administered, and that the Chief 
Deputy, John G. Longstreet, who is a son of the General, " is very inefficient." 

P. 331. — Special Examiner Bowman reports to the Department of Justice that 
Deputy Marshals Bdbinson and Crawford got up a large number of frivolous and 
technical cases against citizens for the sole purpose of making fees for themselves, 
and thus harassed the people of the State by arrests on the most frivolous charges. 
There was no bona fide intention of enforcing the law. 

P. 332. — Examiner Bowman reports the accounts of General Longstreet badly 
mixed. There were in his Deputies' accounts about twelve thousand dollars of 
fraudulent accounts. 

P. 346.— Deputy Marshals John G. Longstreet and A R. Wright entered into a 
conspiracy to defraud the Government by means of a fraudulent voucher for clerk 
hire amounting to several thousand dollars. 

J. F. O'Beinie, Deputy and U. 8. Commissioner, is charged with accepting bribes 
to release prisoners. 

Deputy John G. Longstreet is charged with presenting false expense accounts, 
and gross intemperance. 

Deputy B. D. Bolton is charged with permitting prisoners to escape. 

Deputy MarslicZ J. M. Robinson is charged with rendering false accounts the 
same as he did under tlie former Marshal. 

P. 49. — Examiner Bowman swears before the Congressional Committee, that 
General Longstreet was notified by him that Deputy Marshal Robinson had been 
guilty of frauds on the Government while serving under Fitzsimrnons, and 
notwithstanding he recommended his removal, Longstreet retained him, /mowing 
him to be a rascal, and Robinson practiced the same frauds on the Government 
under Longstreet that he did under Fitzsimmons. 

P. 331. — The Court expenses for last year (1883), says Examiner Bowman, were 
$140,000. With proper management of the Marshal's office, $50,000 would 
be abundant to cover all expenses. The appointment of General Longstreet thus 
appears to have caused an additional and unnecessary expense to the Govern- 
ment of ninety thousand dollars per annum. 



160 ADMINISTRATIVE REFORM. 



ALABAMA. 

P. 136. — R. A. Wilson, Receiver of Public Moneys at Montgomery, Alabama. 

Special Examiners Bowman, Weigand and Nightingale, of the Department of 
Justice, reported to their Department, August 14, 1883, that Wilson had been a 
Deputy U. S. Marshal for the Middle and Southern Districts of Alabama , that 
the Foreman of the Grand Jury at Montgomery, Alabama, informed them . in. 
May, 1883, that the jury had reliable information that Wilson had tendered false 
accounts against the United States. The Examiners report that Wilson swore to 
his accounts as "just, true and correct," when they were absolutely false, fraud- 
ulent and fictitious. 

While these officers of the Department of Justice were examining Wilson's 
accounts, he committed a violent personal assault on Mr. Wiegand. All three of 
the Examiners recommended Wilson to be removed from his office of Receiver 
in the interest of the public service. 

The President ignored the charges against Wilson and nominated him to the 
Senate for a permanent appointment to the office of Receiver of Public Moneys 
of the State of Alabama. 

MONTANA TERRITORY. 

P. 620-1.— i£ J. Conger, Associate Justice of the TJ. S. Court. Mr.P.C. Shan- 
non states under oath before the House Committee on Expenditures in the Depart- 
ment of'Justice, March 1, 1884, that he was appointed by the Attorney-General ta 
investigate charges against Judge Conger, May. 1883. Mr. Shannon reported that 
Conger's conduct was unseemly, unbecoming and indecorous; he seta vicious ex- 
ample; aided and encouraged gambling; and was grossly intemperate, frequently 
drunk on the bench. Attorney-General Brewster, March 1, 1884, recommended 
Conger be dismissed. He was still in office March, 1884. 

PENNSYLVANIA. 

P. 19. — John Ball, U. S. Marshal, at Pittsburg, Pa., is reported by the officers 
of the Department of Justice as being a defaulter to the Government, January 
15th, 1884, for $153,761. 

P. 440-441. — If. S. District Attorney Stone, of Pittsburg, Pa. Samuel B. Benson, 
Assistant Chief of the Secret Service Division of the Treasury Department, says 
under oath, before the House Committee, that his duty was to detect frauds against 
the Government, and that on a personal examination of the facts he found that 
District Attorney Stone appointed Daniel Cameron Assistant District Attorney at 
a salary of $1,250 per annum, and that Cameron lives 400 miles away from Pitts- 
burg and does no duty save draw his salary. 

Cameron is the brother-in-law of U. S. Senator Mitchell, of Pa., who is a Re- 
publican, and through whose influence, Benson swears, Cameron was appointed. 
Cameron is the law partner of Senator Mitchell. 

TEXAS. 

P. 15, 38, 259.— Stillwater H. Russell, U. S. Marshal for the Western District of 
Texas. Special Examiner Bowman, of the Department of Justice, charges him 
with rendering false expense accounts. 

Deputies Walter Johnson, W. N. Norton and Robert Clark are worthless and 
are common drunkards. 



ADMINISTRATIVE REFORM. 161 

Special Agent John Love, of Department of Justice, reports to his Department, 
July 17, 1882, that Deputy Marshals Henry Golchoater, Charles Adams, Jake 
Woolfe and E. P. B. Garter have committed perjury and rendered false accounts 
against the Government. 

P. 237. — Examiner Bowman states, under oath, before the Congressional Com- 
mittee, that at the time Russell was appointed U. S. Marshal, he was a defaulter to 
the State of Texas of Collector of Taxes for Harrison county for $13,610.17, and 
when he was appointed U. S. Marshal he took the funds belonging to the TJ. S. 
and paid up his defalcation to the State of Texas as Collector of Taxes for Har- 
rison county. 

William A. Saylor, Collector of Internal Revenue for Second District of Texas, 
charged with being a defaulter for $661. 18, and sued for that amount March 24th, 
1883. 



EMBEZZLEMENT. 



John Wallace, employed by Postmaster Daniels, charged with embezzling 
letters April 19, 1883. 

W. H. Howard, employed in post office at Atlanta, Georgia, charged with em- 
bezzling letters, April 19th, 1883. 



FRAUDS IN PENSION OFFICES. 

Hon. A. Herr Smith, the Republican Member of Congress from Lancaster, Pa., 
in a speech in the House of Representatives, says: "I find W. T. Collins, Pension 

Agent, Washington, D. C, was a defaulter to the amount of $53,074.01 suit 

entered, judgment returned nulla bona. Dudley W. Hazard, Pension Agent, 
Brooklyn, N, Y., defaulter for $6,006.35. W. T. Forbes, Pension Agent, Phila- 
delphia, defaulter for $42,834.74. A. R. Calhoun, Pension Agent, Philadelphia, 
defaulter for $11,187.76, and his account is not yet adjusted, and the arrears are 
unpaid." 

March 6th, 1884, Deputy Surveyor of Customs, Noah Smith, at Memphis, 
Tenn., admits he has embezzled $1,600 of Government funds. 

A. D. Hackman, Postmaster at Pipersville, Bucks Co., Penn., charged by 
Government officers with defrauding the Government by re-using canceled post- 
age stamps. 

April 4th, 1883, Thomas Reynolds, Pension Agent at Madison, Wis., charged 
with collecting and retaining $5,000 of pensions of widows. 

March 29th, 1883, W. J. Pearson, Postmaster at Batesville, Ark., charged with 
retaining registered mail packages 

August 9th, 1882, Appraiser of Customs Howard, of New York City, charged 
byU. S. Special Agent Bracket!, of Treasury Department, with wilfully violating 
the Civil Service laws by appointing aud promoting personal favorites to office. 

August 17, 1884, A. R. Johnson, Postmaster, Grantsville, W. Ta., embezzled 
from $1,500 to $2,000 of Government funds, and though a married man, eloped 
with a neighbor's daughter. 

11 



162 ADMINISTRATIVE REFORM. 

FRAUDS AND DEFALCATIONS IN THE POST OFFICE 

DEPARTMENT, 

J. 0. P. Burnside, of Illinois, was appointed Disbursing Officer of the Post Office 
Department during the year 1876, upon the recommendation, it is stated, of Hon. 
John A. Logan, the U. S. Senator, now candidate for Yice President on the Re- 
publican ticket. Suspicion was first directed toward him during the month of 
May, 1884, by reason of his connection with and large losses in a fraudulent oil 
speculating firm. An examination of his accounts revealed the fact that he had 
been systematically defrauding the Government, regularly and continuously, from 
the first year of his appointment, 1876, down to the month of May last, 1884, with 
perfect impunity, so far as the officers of the Government were concerned who had 
the examination of his accounts. He used the contingent fund and old material 
fund of the Government at will for eight years, and would still be defaulting had 
not public attention been brought to his oil speculations by the absconding of 
his broker. The amount of his defalcation as charged by the Government is 
nearly eighty-five thousand dollars. 

Burnside's bondsmen claim that the officers of the U. S. having charge of his 
accounts failed to examine and settle them as the laws require, and therefore 
they cannot be held liable. If this defense is valid, and it seems to be, then the 
Administration, in addition to the fact of having appointed a dishonest man to 
office and entrusted him with the custody of public funds, has by reason of the 
failure of the Auditing and Comptrolling officers of the Government, to execute 
the laws, released the bonds of the defaulter and caused the entire loss to fall on 
the Treasury. 

POST OFFICE DEPARTMENT. 

Wm. T. Bailey, Postmaster at Camden, N. J"., is charged, July 28, 1884, with 
being a defaulter to the Government, neglecting to deposit Government funds 
and illegally selling stamps. 

Joseph J. O. Dougherty, Chief of the Money Order Division of the Post office at 
Baltimore, Md., has been suspended from duty (June 17, 1S84) and charged by 
Government officials with being a defaulter to the amount of several thousand 
dollars. 

Herman Buggeman, Clerk in the Stamp Division of the Post Office Department, 
caught, June 1884, selling for his own benefit postage stamps-he had stolen from 
the Government. 

October 29, 1883. diaries Gehring and John Isaacs, Letter Carriers in Balti- 
more City P. O., charged with embezzling mail matter. 

F. M. Oakley was detected embezzling postage stamps from Post Office at 
Cleveland, Ohio, Sept. 7, 1883. He was a clerk in the Post Office. 

August 20th, 1883. Charles F. Uensman, Post Master at Marksville, Louisi- 
ana, is charged by IT. S. officers with embezzling Government funds to the 
amount of $1,500,00. 

Aug. 23, 1884. Jesse Ferguson, Chief Clerk of the new Post Office building 
in Philadelphia, charged with irregularity in his accounts. 

August 17, 1883. Thomas B. Kirby, Clerk in the Post Office Department, 
charged with sharing in the profits of the publishers of the "Postal Guide." 



ADMINISTRATIVE REFORM. 163 

J. J. Alley, an Examiner in the Pension Office, charged by Government offi- 
cers, July 11, 1883, with entering into a conspiracy with other parties to defraud 
pensioners. 

Pay Master Wasson, V. S. Army, found guilty of embezzling large amounts of 
public funds ; findings approved June, 1883. 

DEFALCATIONS IN STATE DEPARTMENT. 

The accounts of Robert C. Morgan, late disbursing clerk of the State Depart- 
ment, have recently (August, 1884) been examined and settled, and there is found 
to be a defalcation of $16,880.67. 

He was disbursing clerk of the Department of State when James G. Blaine 
was Secretary. 

Treasury officials in charge of his accounts are unable to state when the de- 
falcations commenced, but it is supposed they extended some years back. 

This defalcation was not discovered until the death of Morgan necessitated his 
accounts to be settled. 

FRAUDS IN THE NAVY DEPARTMENT. 

Recent exposures show that a ring of Government officials in the Navy 
Department has been for years regularly engaged in committing frauds on the 
Treasury by means of fraudulent vouchers. 

This ring was composed of Daniel Carrigan, Chief Clerk of the Bureau of Med- 
icine and Surgery ; Edwin C. Kirkwood, assistant to the Chief Clerk, one Jones 
a watchman in the Department, and a number of outside parties. The mode of 
operation shows the frauds to be very similar to those of Howgate's, of the 
Signal Service of the War Department. Vouchers were made up and signed by 
the outside parties and contained bills of articles furnished which had not been 
furnished and never were intended to be furnished to the Department. Carrigan 
endorsed on these bills : 

" I certify the goods mentioned in this bill have been delivered," 

(Signed) CHARLES CARRIGAN, 

Chief Clerk. 

Burgeon General Wales approved the certificate of Carrigan, and the party 
who made up and signed the fictitious voucher was then paid, without investi- 
gation, by the Disbursing Officer, and the money of the Government thus stolen 
was then divided between the parties to the frauds. It is thought by U. S. 
officers investigating these frauds that not less than $50,000 per year, for a num- 
ber of years past, has been divided by the conspirators out of the frauds. The 
extraordinary part of this barefaced robbery is, that it should have been con- 
ducted so long without any detection by the officers of the Government having 
the supervision of the Bureau and its accounts. Another remarkable feature of 
this wholesale fraud is, that Carrigan having lost his office, offered his services, 
it is stated, in exposing his own frauds to the Secretary of the Navy through a pri- 
vate detective, and the Secretary agreed to pay this detective if he would furnish 
the evidence which would expose the frauds. 

The evidence was furnished and the frauds became public. The Secretary of 
the Navy refused then to pay the detective his bill of $5,000, and Carrigan, who 
expected to get a part of this reward from the detective, has disappeared and 
can't be found. 



164 ADMINISTRATIVE REFORM. 

The investigations of the Naval Court of Inquiry, of which Commodore Jonett 
is President, reveal the fact that there were frauds in the Bureau of Medicine 
and Surgery before Medical Director Wales become Snrgeon-General There 
are so far discovered, one hundred and fifty-six false voucliers, involving nearly 
$100,000.00. The evidence shows that many of these frauds were committed 
during Secretary Chandler's administration. 

The speech of Hon. T. A. Hendricks, candidate on the Democratic ticket for 
Yice-President, in which he refers to these frauds and the correspondence be- 
tween Mr. Hendricks and Wm. E. Chandler, Secretary of the Navy, on the sub- 
ject, is appended hereto. 



ME. HENDRICKS ACCEPTS. 



A ROUSING SPEECH BY THE DEMOCRATIC CANDIDATE FOR 

VICE-PRESIDENT. 



PATRIOTIC APPEAL TO THE PEOPLE TO STAND BY THE PRINCIPLES OF 
REVENUE AND ADMINISTRATIVE REFORM — ENTHUSIASTIC APPROVAL OF HIS 
CANDIDACY. 

Indianapolis, July 12. — A largely attended Democratic meeting, to ratify 
the nominations of Cleveland and Hendricks, was held here to-night. Messrs. 
Hendricks and McDonald were escorted to the place of speaking by a new labor 
political organization known as the "Autocrats." The meeting was called to 
order by Austin H. Brown, and William H. English was made chairman. Mr. 
Hendricks was received with a burst of genuine enthusiasm which seemed to 
inspire him. His remarks were as follows : 

My Fellow Citizens : You are almost as mad as they were in the convention at 
Chicago. [Great cheering.] I thought they would not stop up there at all, and 
I thought there was no limit to the crowd of people, but I find there is a larger 
crowd almost here. I am very much encouraged and delighted to meet you on 
this occasion. You came to celebrate and to express your approval of the 
nominations that were made at Chicago. I am glad that you are cordial in this 
expression. This is a great year with us Every fourth year the people elect 
the two great officers of the Government. 

This year is our great year, and every man, whatever his party associations 
maybe, is called upon to reconsider all questions upon which he is disposed to 
act, and having reconsidered to cast his vote in favor of what he believes to be 
right. The Democracy of Indiana appointed me one of the delegates to the 
Convention at Chicago. I spent nearly a week in attendance in that city. I re- 
turn to say a few things to you, and only a few things, in regard to that conven- 
tion. 

It was the largest convention ever held in America. Never has such an assem- 
blage of people been seen before. It was a convention marked in its character 
for sobriety, deliberation and purposes. It selected two men to carry the ban- 
ner, and leaving that convention and going out before the people, the question 
is, " Will you help carry the banner ? " [Great cheers and cries of. " We will do 



ADMINISTRATIVE REFORM. 165 

it."] I do not expect, I have no right to expect, that I will escape the criticism, 
and, it may be, the slander of the opposite party. I have not in my life suffered 
very much from that, but I come before you, Democrats, Conservatives, Inde- 
pendents and all men who wish to restore the Government to the position it 
occupied before these corrupt times, and to all such men I make my appeal for 
your support for the high office to which I have been nominated by the Demo- 
cracy at Chicago. [Great cheers.] 

Grover Cleveland, Governor of New York, is the nominee for President. He 
was promoted to that high office by the largest majority ever deciding an election 
in that State. He is a man of established honesty of character, and if you will 
elect him to the Presidency of the United States you will not hear of Star routes 
in the postal service of the country under his administration. [Cheers.] I will tell 
you what we need — Democrats and Republicans will agree upon that — we need to 
have the books in the Government service opened for examination. [Cheers and 
cries of " That is it."] 

Do you think that men in this age never yield to temptation ? [Laughter.] It 
is only two weeks ago that one of the Secretaries at Washington was called 
before the Senate Committee to testify in regard to the condition of his depart- 
ment ; in that department was the Bureau of Medicine and Surgery. In that 
department an examination was being had by the committee from the Senate, 
and it was ascertained by the oath of the Secretary that sits at the head of the 
department that the defalcation found during the last year, as far as it had been 
estimated, was $63,000, and when asked about it he said that he had received a 
letter a year ago informing him of some of these outrages, and that a short time 
since somebody had come to him and told him that there were frauds going on 
in the service, but that members of Congress had recommended the continuance 
of the head of the bureau with such earnestness that he thought it must be all 
right. And now it turns out that the oublic is $63,000 out and how much more 
no man, I expect, can now tell. 

But what is the remedy ? To have a President that will appoint a head of a 
"bureau that will investigate the condition of the books and bring all the guilty 
parlies to trial. [Cheers and cries of "That is it."] 

My fellow citizens, I believe that for such a duty as this, for the purpose of 
maintaining the United States Government for the people of this country, I can 
commend to your confidence Gov. Cleveland, of New York. [Great cheer- 
ing.] Not long since there were troubles in the local government of the city of 
Buffalo, and the conservative^people of that city nominated Grover Cleveland 
as candidate for mayor, not upon a party ticket, but a citizens' ticket, with the 
duty assigned to him of correcting the evils that prevailed in the government of 
the city of Buffalo. 

He was elected and entered upon the duties of his office and made corrections 
in the management of the affairs of that city, so clearly and so well defined that 
the people of New York took him up and made him Governor of the State, and 
that is the way he comes before you now. [Cries of " Hurrah for Cleveland."] 

He wno corrects all evils in a badly administered city and who goes from that 
service into the affairs of the State Government and makes corrections there, 
will then step, in the natural order of proceeding, into the affairs of another 
Government and bring about reforms there. [Great cheering.] 

Do you not, all of you, Democrats and Republicans, believe that the affairs of 
the Government have been long enough in the hands of one set of men? [cries of 
"We do."] and do you not all believe that we have reached a period when there 
ought to be a change ? [Cries of " We do " and " We will have it."] I do not 



166 ADMINISTRATIVE REFORM. 

ask that ail shall be turned out. That is not the idea. It is not the idea if a 
man has done his duty well and faithfully; if he has not used the powers of his 
office to disturb the rights of the people, if he has not furnished money to cor- 
rupt elections, if he has simply confined himself to the duties of his office. I am 
not clamoring for his official blood. But, my fellow citizens, of these 120,000 
men that now fill official positions in the country we have no right to suppose 
from all that has taken place that they are all honest [cheers and laughter], and 
the only way that we can know is to make a change. A month ago everybody 
supposed that all the employes in the Bureau of Medicine and Surgery were hon- 
est, and now, at the very first examination, it turns out that they are not. But 
what is the remedy ? Put them out and put honest men in. [Cheers and cries. 
of " That is it."] We can't do that if we leave the same President and head of 
departments and heads of bureaus in. I have every faith that this ticket will be 
elected. [Cries of "So have I."] I think I know something about Indiana- 
[Great cheers and laughter.] We will probably stand here together, won't we ? 
[Cheers and cries of " You bet."] And this banner of right, of justice, of fair 
government, that has been put in the hands of Cleveland and Hendricks, shall be 
carried and placed in glorious triumph on top of the National Capitol in Novem- 
ber next. [Great cheering and cries of " We will put it there."] Shall this be the 
people's banner ? [Cries of " It is. "] 

Now, 1 have spoken longer than I intended. [Cries of "Go on " and " We are 
not tired yet."] I know when any of my Republican friends who are intending 
to stand by their party still longer shall see this numerous crowd to-night they 
will think the doom of fate has come at last. [Cheers and laughter.] 

What does it mean? It means that the people intend to have reform [cheers], 
and that is the watchword that is written upon every Democratic banner. It was 
written upon the Democratic banner eight years ago, and Tilden and Hendricks 
carried that banner. [Cheers.] Reform was defeated by defeating the right of 
the people to elect their own rulers, [cheers], and what is the consequence ? 
There has been no reduction of public expenditures, although the war was all iht 
while passing further and further away from us. Still this Republican party 
makes no reduction in the public expenditures. Shall we have it ? Shall we 
have cheap government ? Shall we have lower taxes ? They tell us that the 
Government can be well carried on for $100,000,000 less a year than is now col- 
lected from the public. If Cleveland shall come into the Presidential office I 
believe he will bring the expenditures down to the last dollar that will support 
the Government economically administered [cheers], and then when he has done 
that he will have accomplished what Gen. Jackson said was the duty of every 
government. A government has not the right to collect a dollar from the people 
except what is necessary to meet the public service. [Cheers and cries of ' ■ That 
is right."] Whatever a government meeds it has a right to come to me, to you, 
or all of us, and make us pay for ; but when it gets all that it needs for economi- 
cal administration it has not the right to take another sixpence out of our pock- 
ets, and that is all we ask. When this ticket shall wave in triumph that idea will 
be established in this country. [Cheers.] 



ADMINISTRATIVE REFORM 167 

NAVY DEPARTMENT FRAUDS. 



MR. CHANDLER INFORMS MR. HENDRICKS THAT DR. WALES IS THE SCAPEGOAT. 

Secretary Chandler has written the following letter to Mr. Thomas A. Hen- 
dricks with regard to the frauds in the Navy Department referred to by the 
latter in his speech at Indianapolis Saturday night : 

Washington, July 13, 1884. 
Ron. Thomas A. Hendricks, Indianapolis, Ind.: 

Sir — A candidate for Yice-President should speak with decent fairness. 

In your speech at Indianapolis last Saturday night you made statements from 
which you meant that the public should believe that it appeared by my testi- 
mony that the frauds in the Bureau of Medicine and Surgery of this Department 
amounted during the past year to $03,000; that I was informed of some of these 
outrages a year ago; that afier I was informed of the frauds I disbelieved 
tliem, because members of Congress had recommended the continuance of the 
chief of the bureau, and that I took no adequate action concerning them; where- 
upon you demanded the election of a President who would appoint a chief of the 
bureau who would investigate the condition of the books and bring all the guilty 
parties to trial. 

To the contrary of all this, I testified that the suspected vouchers commenced 
as far TDack as June 21, 1880, although a small voucher was paid as late as Janu- 
ary 25, 1884; that while an anonymous letter of about a year ago charged drunk- 
enness upon the chief clerk, Daniel Carrigan, which the chief of the bureau, Dr. 
Phillip S. Wales, reported to me was not true, I had no information leading to 
the frauds until December or January last ; that I determined simultaneously 
with beginning investigation to have a new chief of bureau in place of Dr. Wales, 
whose term was to expire January 26, and also a new chief clerk ; that great op- 
position to the change was made by members of Congress. I persisted and Dr. 
Wales went out on that date and Carrigan was put out February 4 ; and that the 
investigation into frauds and arrests of guilty parties have since proceeded with 
due diligence. 

It is true that I stated that the recommendatioas for reappointment of Dr. 
Wales, whom I found in office, when I went in, April 17, 1882, were of such a 
character as to fully justify me in believing that the affairs of his bureau had 
been well administered. 

Senator McPherson wrote the following letter: 

United States Senate, 
Washington, D. C, December 18, 1883. 
To the President — Sir : As the term of office of Surgeon-General Wales, of the 
Navy Department, is boon to expire, and considering it not a political office, I 
presume, as I am a perfect prodigal with the article of advice, to ask, for the 
good of everybody and everything relating to that service,that you reappoint him. 
I do this because he is an excellent officer, having ability and energy, qualities 
not general in the naval service, and which, I think, should be nourished when 
discovered. I feel sure if any officer has deserved such recognition from the ap- 
pointing power by reason of faithful and efficient service in the past, that officer 
is Surgeon-General Wales. 

I am yours with very great respect, 

Jo 1\. McPherson. 



168 ADMINISTRATIVE REFORM. 

A petition for reappointment, written by Carrigan, was sent to the President, 
headed by J. G. Carlisle, followed by Phil B. Thompson, Jr. , Leopold Morse, K. 
II. M. Davidson, D. Wyatt Aiken, William McAdoo, George D. Wise, John C. 
Nichols, P. A. Collins, H. B. Lovering, Robert B. Vance, D.W. Connolly, Chas. 
B. Lore, George A. Post, Albert L. Willis, Carleton Hunt, G. W. Hewitt, Wm. 
H. F. Fiedler and other representatives in Congress, saying of Dr. Wales, "he has 
administered the affairs of that bureau during the last four years with signal 
ability and success. " United States Senators McPherson, Butler, Brown, Col- 
quitt, Beck, Williams, C. W. Jones, Ransom and thirty-two other Senators, also 
using Carrigan as their writer, petitioned for Dr. Wales' reappointment, stating 
that his administrative capacity has been fully demonstrated by the successful 
management of the bureau of which he now has charge. 

Senator McPherson and Speaker Carlisle and others of the most prominent of 
these gentlemen who demanded Dr. Wales' reappointment were with you in the 
convention at Chicago and could have informed you that he had borne a good 
reputation; that the law required that the chief of the bureau should be a naval 
surgeon and placed the medical expenditures in his hands; that his was in no 
sense a political office, but that if he had any politics he was a Democrat; and 
that any attempt to make political capital out of frauds for which this naval sur- 
geon, who is their intimate friend, is solely responsible, would be disingenuous 
and unfair. That they did not succeed in keeping Dr. Wales and his chief clerk, 
Carrigan, in office, is very fortunate. 

Very respectfully, 

W. E. Chandler. 



MR. HENDRICKS TO MR. CHANDLER. 



A SHARP REJOINDER TO THE LETTER OF THE SECRETARY OF THE NAVY. 

Indianapolis, July 14. — Ex-Gov. Hendricks has written the following in re- 
sponse to the letter of Secretary Chandler published in the Associated Press pa- 
pers this morning : 

Indianapolis, Ind., July 14, 1884. 
Hon. W. E. Chandler: 

Sir — I find in the newapapers this morning a letter to me from yourself, writ- 
ten yesteaday and circulated through the Associated Press. You complain that 
I did you injustice in an address to the people of this city made the evening be- 
fore. In that address I urged that "We need to have the books in the Govern- 
ment offices opened for examination," and as an illustration I cited the case of a 
fraudulent voucher in one of the bureaus of your department and stated that 
upon your testimony before a sub-committee of the Senate it appeared that 
the frauds amounted to $63,000, and is not every word of that true ? You were 
brought before the committee and testified, as I stated. You admitted, under 
oath, that the sum of money lost amounted to $63,000; but your defense was 
that the embezzlement did not wholly occur under your administration, but that 
a part of it was under that of your predecessor. It seems to have covered the 
period from June 21, 1880, down to January 25, 1885. Does that help your 
case ? You were at the head of the department a year and nine months of that 
period and your predecessor about one year and ten months. He was in office 
at the payment of the first false voucher, on June 21, 1880, and up to April 17, 
1882, when you came in and you continued thence until the luso false voucher was 
paid, January 25, 1884. The period was almost equally divided between yourself 



ADMINISTRATIVE REFCRM. 169 

and your predecessor. How much of the $63,000 was paid out under yourself 
and how much under your predecessor your letter does not show. 

But, sir, upon the question that I was discussing, does it make any difference 
who was Secretary when the false vouchers were paid ? 

Judged that in cases like this when frauds are concocted in the vaults or in the 
hooks of the Department, the only remedy of the people is a change of the con- 
trol so that tne books and vouchers shall come under the examination of new 
and disinterested men. Do you think I am answered when you say I was mis- 
taken in supposing that in this case the frauds were all under your administra- 
tion, when, in fact, apart of them extended hack into that of your predecessor? 

Why, sir, that makes your case worse. 

For the Bureau of Medicine and Surgery the defalcation is large, but the mere 
serious fact is that it could and did extend through two administrations of the 
department, a period of nearly four years without detection. 

You testified that some inquiry was made, and the conclusion was that, while 
there were some suspicious circumstances, they did not warrant a conclusion of 
guilt. After a notice, verbal and in writing, you left ne men in office. You 
did not bring the frauds to light nor the guilty parties to punishment. It was 
Government Detective Wood who discovered the frauds, and the Associated 
Press report says that Wood declared he would have no further dealings with 
your department, but would press an investigation before Congress. 

But it becomes more serious as far as you are individually concerned when the 
fact is considered that you had notice and took no sufficient action. The infor- 
mation upon which I spoke was from Washington the 26th of last month by the 
Associated Press, the same that brings me your letter. The Associated Press 
obtained its information either in your department or from the investigating com- 
mittee. If you were not correctly reported that was the time for complaint and 
correction. You testified that the total of the suspicious vouchers discovered so 
far was about $63,000, and that the money fraudulently obtained was in some 
instances divided between a watchman in the department, Carrigan, chief clerk, 
and Kirkwood in charge of the accounts. 

Now, what notice had you ? According to the Associated Press report of 
your testimony you received a letter last year charging Carrigan, one of the par- 
ties, with drunkenness, and after that a man came to you and told you that Kirk- 
wood and Carrigan were engaged in frauds. Did not that put you upon notice 
and investigation ? 

What is your next excuse ? Worse, if possible, than all before. You say a 
large number of Congressmen, including some gentlemen of great influence and 
position, recommended that the head of the Bureau, Dr. Wales, should be re- 
appointed. Members of Congress knew nothing of the frauds, they had no op- 
portunity to know. It was within your reach and power. They were probably 
his personal friends; you were his official superior. But, in fact, did you reap- 
point him ? I understand not. Perhaps the detective discovered the frauds too 
soon. But Dr. Wales was not one of the three guilty parties. He neither forged 
the vouchers nor embezzled the money. His responsibility in the case is just the 
same as your own. He was the official superior of the three rogues as you were 
of himself, as well as of them. Neither he nor yourself exposed the frauds or 
punished the parties. 

I have not thought of or considered this as a case of politics. Addressing my 
neighbors I said that this and like cases admonish them to demand civil service 
reform in the removal of all from office who will not seek to promote it within 
the sphere of their official duty and authority. Respectfully, 

T. A. HENDRICKS. 



170 CIVIL SERVICE REFORM. 



Civil Service Reform. 

Republican Tendencies. 

The evil tendencies of the ^Republican party were never more forcibly illus- 
trated than by one of its own distinguished members, Senator Hoar, of Massachu- 
setts. In a speech in the Belknap trial he said : 

Senator Hoar's Arraignment. 

" My own public life has been a very brief and insignificant one, extending little 
beyond the duration of a single term of senatorial office ; but in that brief period, I have 
seen five judges of a high court of the United States driven from office by threats of im- 
peachment for corruption or maladministration. I have heard the taunt, from friendliest 
lips, that when the United States presented herself in the East to take part with the civil- 
ized world in generous competition in the arts of life, the only product of her institutions 
in which she surpassed all others beyond question was her corruption. I have seen in the 
State of the Union foremost in power and wealth four judges of her courts impeached 
for corruption, and the political administration of her chief city become a disgrace and a 
by-word throughout the world. I have seen the chairman of the Committee on Mili- 
tary Affairs in the House, now a distinguished member of this court, rise in his place and 
demand the expulsion of four of his associates for making sale of their official privilege 
of selecting the youths to be educated at our great military school. When the greatest 
railroad of the world, binding together the continent and uniting the two great seas 
which wash our shores, was finished, I have seen our national triumph and exultation 
turned to bitterness and shame by the unanimous reports of three committees of Con- 
gress — two of the House and one here — that every step of that mighty enterprise had 
been taken in fraud. I have heard in the highest places the shameless doctrine avowed 
by men grown old in public office that the true way by which power should be gained in 
the Republic is to bribe the people with the offices created for their service, and the true 
end for which it should be used, when gained, is the promotion of selfish ambition and 
the gratification of personal revenge. I have heard that suspicion haunts the footsteps 
of trusted companions of the President." 

Robber Barons. 

In an able article on political assessments, in the North American Review for Septem- 
ber, 1882, the writer points out its evils in the following way : 

"The enforcement of this nefarious theory by the ' Robber Barons ' of pohtics was 
never so universal, so shameless, so barbarous, or so indiscreet as at this moment. The 
Federal pay-rolls call for more than fifty million dollars a year. On that sum the 
avowal is a levy of only two per cent., but the actual demand upon employees and small 
officials is tar greater. If the committee expect to extort only a fourth of the one 
million dollars and more they demand, it but shows the effrontery of their pretense of a 
willingness to pay, and that they have no compunctions in excusing the landlord class 
and wringing the whole corruption fund from the most timid and humble of the tenant 
class. Very likely they expect little more from members of Congress and great officials 
than the pittance they got in 1878. It is not sharks and whales they have the courage to 
fish for, but herrings and dace. Boys are bullied for a dollar ! 

"Could the curtain of secresy be lifted, we should see a vast drag-net of extortion 
thrown out by the committee from Washington over the whole land from Maine to Cali- 
fornia, with every humble official and laborer — from those under the sea at Hell Gate to 
the weather observers on Pike's Peak — entangled in its meshes ; and, busy among them, 



CIVIL SERVICE REFORM. 171 

for their prey, a series of tax extortioners ranging down from Hubbell the great Quaestor 
to little Hubbells by the hundred, each paid a commission* on his collections in true 
Turkish fashion (to which the large amounts extorted beyond regular plunder rate are 
added.) These minions, book in hand, are haunting the official corridors and tracking 
the public laborers. They mouse around the bureaus for names and salaries which all 
high-toned officials contemptuously withhold. Neither sex, age, nor condition is spared 
by these spoils system harpies. They waylay the clerks going to their meals. They 
hunt the Springfield arsenal and the Mississippi breakwater laborers to their humble 
homes. They obtrude their impertinent faces upon the teachers of Indians and negroes 
at Hampden School and Carlisle Barracks. They dog navy-yard workmen to their nar- 
row lodgings. The weary scrub-women are persecuted to their garrets ; the poor office 
boys are bullied at their evening schools ; the money needed for rent is taken from the 
aged father and only son ; men enfeebled on the battle-fields are harried in the very 
shadow of the Capitol ; life -boat crews, listening on stormy shores for the cry of the 
shipwrecked, and even chaplains and nurses at the bedside of the dying are not exempted 
from this merciless, mercenary, indecent conscription, which reproduces the infamy of 
oriental tax-farming. 

" We know of the head of a family who hesitates between defying Hubbell and taking 
a meaner tenement ; of a boy at evening school blackmailed of three dollars while wear- 
ing a suit given in charity, and of a son pillaged of seventeen dollars when furniture of 
the mother he supports was in pawn ; and many have consulted us as to the safety of 
keeping their earnings which they need. In every case there is fear of removal or other 
retaliation. Pages could be filled with such cases from the reports of citizens. A news- 
paper before us gives that of a laborer, with a family, earning seven hundred and fifty 
dollars a year, pursued by a harpy for fifteen dollars ; and also that of a boy of thirteen, 
earning one dollar a day, with another harpy after him for three dollars and sixty cents. 
To women and girls no mercy is shown." 

" The tendency of the Republican party toward corruption and decay was never 
better exemplified than during the campaign of 1882. Notwithstanding the reck- 
less spoils system culminated a year previous in the assassination of their President, 
the Republicans continued their demoralizing practices and ridiculed the idea of 
reform. One of their insults to society and the cause of good government was the 
assessment of federal office-holders. 

Hubbell's Letters of Assessment. 

The following was the first letter sent out by the Republican Congressional Com- 
mittee in 1882 : 

[Jay A. Hubbell, Chairman; D.B. Henderson, Secretary ; Executive Committee, Hon.. 
W.B.Allison, Hon. Eugene Hale, Hon. Nelson W. Aldrich, Hon. Frank Hiscock, Hon. 
George M. Robeson, Hon. Wm. McKinley, Jr., Hon. George R. Davis, Hon. Horatio 
G. Fisher, Hon. Horace F. Page, Hon. W. H. Calkins, Hon. Thomas Ryan, Hon. 
William D. Washburn, Hon. L. C. Houck, Hon. R. T. Van Horn, Hon. Orlando 
Hubbs.] 

Headquarters of the "j 

Republican Congressional Committee, 1882, f 

520 Thirteenth Street, Northwest, l 

Washington, D. C. , May 15, 1882. ) 

Sir — This committee is organized for the protection of the interests of the Republi- 
can party in each of the Congressional districts of the Union. In order that it may pre- 
pare, print and circulate suitable documents illustrating the issues which distinguish the 
Republican party from any other and may meet all proper expenses incident to the cam- 
paign, the committee feels authorized to apply to all citizens whose principles or in- 
terests are involved in the struggle. Under the circumstances in which the country finds 
itself placed, the committee believes that you will esteem it both a privilege and a pleas- 
ure to make to its funds a contribution, which it is hoped may not be less than $ . 

The committee is authorized to state that such voluntary contributions from persons em- 
ployed in the service of the United States will not be objected to in any official quarter. 

* Note. — Not Hubbell, perhaps,for he disinterestedly took around five thousand dollars 
— one-tenth of the whole — for his own dear Michigan in 1878, and doubtless expects ten 
thousand dollars this year. Surely he will go back to Washington ; and what gratitude 
from the " shysters and camp-followers " of his. 



172 CIVIL SERVICE REFORM. 

The labors of the committee will affect the result of the Presidential election in 1884 
as well as the Congressional struggle ; and it may therefore reasonably hope to have 
tthe sympathy and assistance of all who look with dread upon the possibility of the 
restoration of the Democratic party to the control of the Government. 

Please make prompt and favorable response to this letter by bank-check or draft or 
postal money order, payable to the order of Jay A. Hubbell, acting treasurer, P.O. lock 
box 589, Washington, D. C. 

By order of the committee. D. B. HENDERSON, Secretary. 

The second letter had the true highwayman ring, and was more in harmony 
"with the characteristics of the stalwart leaders. It was as follows : 

Washington, D. C, August 15, 1882. 

Sir — Your failure to respond to the circular of May 15, 1882, sent to you by this 
-committee, is noted with surprise. It is hoped that the only reason for such failure is 
that the matter escaped your attention owing to press of other cares. 

Great political battles cannot be won in this way. This committee cannot hope to 
succeed in the pending struggle if those most directly benefited by success are unwilling 
or neglect to aid in a substantial manner. 

We are on the skirmish line of 1884, with a conflict before us, this fall, of great 
moment to the Republic, and you must know that a repulse now is full of danger to the 
next Presidential campaign. 

Unless you think that our grand old party ought not to succeed, help it now m its 
struggle to build up a new South, in which there shall be, as in the North, a free ballot 
and a fair count, and to maintain such hold in the North as shall insure good govern- 
ment to the country. 

It is hoped that by return mail you will send a voluntary contribution equal to two 
per cent, of your annual compensation, as a substantial proof of your earnest desire for 
the success of the Republican party this fall, transmitting by draft or postal money 
order, payable to the order of Jay A. Hubbell, acting Treasurer, post-office lock box 
589, Washington, D. C. 

Letters of the Present Campaign. 

The tendencies of the party during the present campaign are in the same 
direction, but artfully concealed to avoid a clash with the new Civil Service law 
of which a distinguished Democrat, Senator Pendleton, of Ohio, was the author. 

The party still has a covetous affection. for the money of the department clerks, 
as may be seen from the following circular : 

1421 New York Avenue, Washington, D.C., | 
August 1, 1884. j 

The undersigned have been requested by the Republican National Committee to act 
as a Finance Committee for the District of Columbia in the collection of funds to be used 
by said National Committee in the present political campaign. We have agreed to act, 
and have organized by the selection of A. M. Clapp as Chairman, W. H. Lowdermilk as 
Secretary, and Green B. Raum as Treasurer. On and after this date we will be prepared 
to receive and receipt for such sums as persons may wish to contribute to the campaign 
fund of the Republican party. 

The rooms of the Committee, 1421 N. Y. Ave., will be open daily from 8.30 A. M. to 
9 P.M. 

A. M. Clapp, Chairman. Green B. Raum, Treas. 

W. H. Lowdermilk, Sec'y. Dr. E. A. Adams. 

R. T. Greener. 

The following letters sent to the clerks in the Departments at Washington, the 
Urst one accompanying the above letter, are further evidence of their attempt to 
■circumvent the law : 

JB. F. Jones, Pennsylvania, Chairman. Samuel Fessenden, Connecticut, Secretary. 

Headquarters Republican National Committee, 
No. 242 Fifth Avenue, 
New York City, August 

[DICTATED LETTER.] 

Dear Sir : The pending Presidential campaign is of unusual importance to the 
country. Every Republican is deeply interested in its result. The National Committee, 



MITTEE, I 

1884. \ 



CIVIL SERVICE REFORM. 17£ 

on behalf of the Republican party, desires to make it justly vigorous and effective, and 
success certain in November. Funds are required, however, to meet the lawful and 
proper expenses of the campaign; and, to provide the same, the Committee finds itself 
dependent upon the liberality of Republicans to make such voluntary contributions as- 
their means will permit, and as they teel inclined to give. You are therefore respectfully 
invited to send, as soon as you conveniently may, by draft on New York or postal 
money order to the order of B. F. Jones, Chairman Republican National Committee, No. 
242 Fifth avenue, New York City, such sum as you may desire to contribute for the 
objects before mentioned. A receipt for the same will be sent by return mail. 

The Committee cheerfully calls the attention of every person holding any office, 
place, or employment under the United States or any of the Departments of the Gov- 
ernment, to the provisions of the act of Congress entitled: "An act to regulate and 
improve the civil service of the United States," approved January, 16, 1883, and states- 
that its influence will be exerted in conformity therewith. 

Respectfully, 

B. F. JONES, Chairman. 

Headquarters Republican State Committee, ) 
(St. Cloud Hotel, Parlor C). j 

Chairman— Thomas V. Cooper. 

Secretaries — George Pearson, Chief ; Joseph M. Gazzam, E. F. Acheson, Joseph Ad. 
Thomson, John H. Landis, John S. Blair, W. H. Ritter, Wm. B. Huston, George O. Cor- 
nelius, John A. Seiders, Charles F. Evans, Ezra Lukens, J. D. Laciar, A. W. McCoy. 

[Dictated.] Philadelphia, 1884. 

Dear Sir : The Republican State Committee of Pennsylvania is compelled to call 
upon all friends of the cause, whose interests or inclination it is to give, for the funds 
necessary to sustain its efforts in the pending Presidential campaign — a campaign never 
exceeded in public concern or importance in the history of the country. It involves both 
our industrial and political welfare. 

I have the honor to solicit from you such contribution to the State Committee's 
treasury as your devotion to the party may prompt you to make, and to suggest that 
early contributions not only enable us to do better work, but to promptly extend aid ! 
where it is most needed, without waste or confusion. 

You are aware that the present laws of the United States and Pennsylvania — which 
law shall be faithfully observed by this Committee— prohibit the assessment of office- 
holders for political purposes. The right, however, of all, whether office-holders or not, 
to send to their Committee amounts commensurate with their interest in the contest, is 
not questioned, either by the law or public sentiment. 

The appeal of your State Committee is therefore directed to all whom it has reason to 
believe are willing and able to give. Send by postal order or check to 

THOS. V. COOPER, Chairman. 

This letter was sent to a clerk in one of the departments at Washington, receiv- 
ing an annual salary of $1,400. He holds a receipt from Chairman Cooper for 
$40 ; and similar letters have been sent postmasters throughout Pennsylvania. 

Democratic Principles and Protests. 

On the 26th of June, 1882, Senator Pendleton offered in the Senate a resolu- 
tion instructing the Committee on Civil Service and Retrenchment to inquire 
whether any attempt had been made to levy and collect assessments for political 
partisan purposes from any employees of the Government. In speaking upon 
this resolution he made some very pointed remarks upon the Hubbell assessment 
letter, which we have published above. He said : 

" Mr. President, when I offered this resolution two or three weeks ago I was 
anxious for information. I did not know the state of facts as they existed at that time. 
I had seen mentioned in the newspapers that the Republican Congressional Committee 
was about to take means to replenish its funds, and vague intimations were given that a 
circular under the torm of a request for voluntary contributions, but in fact a demand 
for specific sums of money, was being distributed among the employees of the Depart- 
ments and the employees of the two Houses of Congress. I had also heard that this 



174 CIVIL SERVICE REFORM. 

circular was drafted by authority, and that its language conveyed covert promises, with 
implied threats, in case the demands were not acceded to. 

"I was quite astonished, somewhat startled, when I found that this resolution met 
with objection. I had supposed that no Senator would object to having the truth 
discovered as to this circular and its intent ; and certainly that no Senator would object 
to the inquiry whether contributions were being levied under the guise of invitations for 
voluntary contributions. 

" Mr. President, I was not quite as much astonished as those words would imply, 
and candor requires me to say that I was more astonished at the form than the substance 
of the objection. I had thought if gentlemen objected to it at all they would not do so 
in express words, but would consign my resolution to an untimely grave in the friendly 
grasp of a committee of investigation. 

' ' Be that as it may, I desired information and was sincerely seeking it . A friend of 
mine who sits upon this floor and who has some opportunities of knowledge gave to me 
■one of the circulars. He gave it rather in confidence, though not entirely so, rather 
with the understanding that I should use it for my own information than otherwise ; but 
I was enabled to hand back that circular to him within two days, not having exhibited 
it to anybody else and scarcely having had time to read it myself, for as soon as the 
resolution appeared in the newspapers I received from many cities and from many 
States and from many classes of employees of this Government copies of the circular 
which had been sent to them. I have in my hand quite a number of copies of it. It is 
very nicely gotten up, written with care, as nicely as a billet doux between lovers or an 
hospitable invitation to dinner. 
* * * * * ****** 

" As far as I have seen, all of these circulars are in exactly the same language, except 
that a blank was left in each orignally to be filled by the amount which a certain specified 
proportion of the salary that the man received would reach. Now, sir, in order that 
there may be no charge of unfair dealing with this committee and its circular, I have 
read to the Senate every word of it, and I ask the Senate to consider it a little in detail. 

"The committee is organized for the protection of the interests of the Republican 
party in each of the Congressional districts of the Union. " 

"Party from beginning to end, the country nowhere alluded to — 'the interests of the 
Republican party in each of the Congressional districts.' 

"In order that it may prepare, print, and circulate suitable documents illustrating the 
issues which distinguish the Republican party from any other, and may meet all proper 
expenses incident to the campaign the committee feels authorized — 

" ' Feels authorized ! ' What necessity is there to have authority to invite gentlemen 
who desire to make a voluntary contribution to a political fund ? \\~hat is the necessity 
for any authority for an invitation of that kind ? 

" 'Authorized ! ' By whom authorized — for what purpose authorized ? To apply for 
contributions to the Republican expense fund ! Apply to whom ? Apply to ' all those 
whose interests are involved in this struggle.' 

" The committee discriminates very closely between those whose principles lead them 
to desire the success of the Republican party and those whose interests are involved in 
the struggle ; those whose principles or interests induce them to take an interest in this 
struggle. Who are they, Mr. President ? Who are interested beyond what their principles 
require in the success of the Republican party in the coming campaign ? It is the officers ; 
it is the office-holders ; it is those who enjoy the powers and emoluments of office ; it is 
those who are in possession of the political power and the moneyed emolument at the 
disposal of the party. When application is to be made for authority to apply to these 
offices for a money contribution, who is it that can give the authority to make the applica- 
tion ? Manifestly those who have the power of appointment and dismissal ; manifestly 
those who can say to these gentlemen whose interests are involved, ' contribute to the 
success of this party or the power of appointment and dismissal is hung over your head. ' 
I submit to the gentlemen on this committee that the paraphrase was entirely unnecessary. 
I submit that the circumlocution was entirely out of place, and that it would have been 
much more direct and much more pointed and equally delicate to have said, ' we are 
authorized by those who have the power of appointment and dismissal to say to you whose 
offices are involved in this struggle that we are authorized to make this application for 
money to you.' 

" The circular starts out with a declaration on its face, which any man who can read 
at all can read between the lines: We are authorized by those who hold your places in 
their hands to apply to you office-holders of the Grovernment to make this contribution 
because your interests are involved in this struggle. 

" The circular continues: 



CIVIL SERVICE REFORM. 175 

"Under the circumstances in which the country finds itself placed, the committee 
believes that you will esteem it both a privilege and a pleasure to make to its fund a 
contribution. 

" 'A privilege and a pleasure ! ' Indeed, a blessed privilege; an exquisite pleasure ! 
These officers forsooth, would never have had the opportunity of enjoying this privilege 
and pleasure if this committee had not given them the opportunity and the method ; the 
opportunity in the sinking circumstances of the fortunes of the Republican party, and the 
method by contributions to the committee ! Knowing that these office-holders would be 
excluded from the enjoyment of this privilege and this pleasure, except for the invitation 
of this committee, thus kindly tendered to them ; knowing that as soon as they heard it 
these officers would be able and willing, nay, would be eager and anxious, to embrace 
the opportunity, this committee, fearing that in a moment of enthusiasm and desire to 
indulge in the enjoyment of this privilege and pleasure the office-holders might con- 
tribute in excess of what was proper, or fearing on the other hand lest an ascetic self- 
denial might keep them below the bounds of legal moderation, inform the office-holders 
that the committee judge it would be about right that they should enjoy this privilege 
and pleasure to the extent of $20 worth; and then fearing that that might be a damper 
upon their ardor, the committee express the hope that the contribution shall not be less 
ihan the amount suggested by the committee, to wit, $20. 

" The committee is authorized to state that such voluntary contributions — 

"'Voluntary contribution!' Voluntary as the contribution the traveler makes 
to the pocket of the highwayman when commanded to stop and hold up his hands; 
voluntary as the contribution which the man of the world makes to the harvest of the 
Great Reaper when he puts in his scythe. 

" ' Voluntary contributions from persons employed in the service of the United States 
will not be objected to in any official quarter. ' 

" Mr. President, is a voluntary contribution objected to anywhere ? And does it 
need any close discrimination as to that passage to see that it means that, while 
contributions will not be objected to in any official quarter, a refusal to make the 
contribution will meet with the condemnation of all official quarters ? 

" 'The labors of the committee will affect the result of the Presidential election in 
1884, as well as the Congressional struggle, and it may therefore reasonably hope to 
have the sympathy and assistance of all who look with dread upon the possibility 
of the restoration of the Democratic party to the control of the Government.' 

" ' With dread !' Who look with dread upon it ? What sensible man in this country 
looks with dread upon it ? The people of the country do not look with dread, the 
material interests of the country do not look with dread, the patriotism of the country does 
not look with dread, for at the last two Presidential elections the people of this country 
have been as nearly as possible divided in numbers upon the question as to which party 
better deserves success. In the Presidential election before the last it is an undisputed 
fact that a numerical majority of the people of the United States did actually vote to 
restore the Democratic party to power. 

" ' We appeal to you for sympathy and assistance, and we hope you will make prompt 
and favorable response to this letter.' How? By sympathy? By expressions of 
confidence ? By telling us the political necessities of your neighborhood ? By going 
forth as an apostle to demonstrate to the people the excellence of the principles of the 
Republican party ? No, sir; none of such sympathy we want. It is your assistance, 
which we hope you will promptly send to us by sending ' a bank check, or draft, or 
postal money order,' payable to the treasurer of this committee. 

"Now, Mr. President, I will not insult the Senate by undertaking to prove to it that 
this is no invitation for a voluntary contribution. I will not waste its time by showing 
that it is a demand for a specific sum of money, levied according to a rule, accompanied 
by a promise and a threat. 'Your purse or your official life,' is the alternative offered ; 
or to use the language of President Garfield in describing a circular almost identical in 
terms with this, ' It is a circular sent to the employees of the Government upon the dis- 
tinct understanding that if they fail to make return according to the demand, in check or 
postal money-order, others will be found to take their places who will receive their 
salaries and pay up the assessment.' 

"Mr. President, to whom has the circular been sent? I venture to say here upon this 
floor, and I speak it upon information which challenges my belief, that this circular has 
been sent out to every person whose name can be found on any of the rolls of employees 
of the Government, however remote they may be from the source of power itself. The 
circular has been sent to the Boston custom-house — seven hundred copies of it — and 
a demand made for an aggregate of $15,000. It has been sent to the armory at Spring- 
field, and an assessment of $18 been made upon each armorer in that institution. It has 
been sent to the great offices in New York, the post-office and the custom-house, and the 



176 CIVIL SERVICE REFORM. 

collector's office, and the various institutions connected with the Government there. 
They had won exceptional credit by reason of their freedom from the debasing arts of 
political assessments, and yet are to be again plunged into the mire from which they so 
laboriously have emerged. It has been sent out to employees at Chicago, and assess- 
ments made there at $9.30. It has been sent to every postmaster in the country; as 
least I have returns from almost every State east of Nevada. It has been sent to the men 
engaged upon the works on the Ohio river at Marietta, and $18 has been assessed and 
demanded of men who day by day for their daily wages cut stone in making 
the dam. It has been sent to every employee in the Departments in 
Washington, every clerk, and they have been assessed in various amounts 
from $18 to $50. This circular has been sent to men who are engaged 
in daily labor on the Capitol grounds, digging up and beautifying these grounds, 
and $6 has been assessed upon each of them. It has been sent to the boys in the Print- 
ing Office, to whom you pay only a dollar a day and furlough them without pay, and §7 
has been demanded from each of" them. It has been sent to enlisted men in the army, 
and an assessment of $18 made upon men who are paid from the army appropriation 
bill. Wherever a name can be found upon the pay-roll of the government for any 
amount, great or small, this circular has been sent, and it is being sent now to those to- 
whom time has not allowed it to be sent before. 

" I said it had been sent to every clerk in all these departments. Why, sir, it has been 
sent to those unfortunate ladies whom the exigencies of life now compel to support a. 
family off the pittance earned painfully by them, which would scarcely have sufficed to 
dispense their yearly charity in other days. It has been sent to the women who scrub- 
out the departments in this city, and whose poverty is so great that when they leave for 
their daily work they are obliged to lock up in their close and fetid room the infant children 
who cannot be allowed to wander in danger in the streets. It has been sent to the 
employees of the Senate, and men have been required to pay $30 in order that they 
may hold their places. 

Nay, more, Mr. President, it has been sent, at least in the other House, and possibly 
in this, to the little pages, bright, intelligent, active little fellows, who do the bidding of 
members there and here. I imagine I can see this grave committee, with this circular 
in their hands, going to one of these little pages and saying to him by his appreciation 
of the emergencies of the country, by his appreciation of the excellence of Republican 
practices, by his dread of the restoration of the Democratic Party to power, he shall 
make his contribution of $9 in order to avert such a terrible calamity. 

Mr. President, if this were not a sad scene of political degeneracy and partisan 
tyranny it would be in many of its aspects abroad farce. 

" I have no fitting words in which to express my apprehension of the degradation and 
danger of this whole system, of which this is one of the most dangerous outgrowths. It 
demoralizes and breaks down every man connected with it, those who give and those- 
who take alike. Among the names on this circular are some of our own cherished 
associates and members, men of the other House also, who stand high in the estimation 
of their party and their country. They are important factors in weilding the political 
destinies not only of their party but of their country, honorable, upright, excellent 
gentlemen, to whom we would willingly commit, and do commit our honor, and if 
necessary would commit our lives, men who could not be forced even by torture to go 
themselves and with this circular in their hand to make applications to these persons to 
whom it is sent ; men who could not be induced to do it ; who would feel it to be a 
personal dishonor to do it. Yet together they combine and put in operation this machine 
which has no heart to be touched, no body to be punished, no soul to be damned, to 
visit the houses of the widow and the fatherless, and extract from them for political 
partisan purposes a large proportion of their hard earnings. 

"It degrades the men to whom it is sent. What sense of self-respect can there be in a. 
man who feels himself compelled to submit to this extortion which his honest judgment 
abhors and which his penury rejects, and yet is obliged with a hypocritical smile to pre- 
tend that it is a voluntary contribution ? What faithful, honest personal service in office 
can a man render when he feels that upon his very best service is put this badge of servi- 
tude? How can he admire with his whole heart as he ought and devote himself 
absolutely to the duties of an office when he is made to buy with money, that office which 
he knows, and everybody who will think a moment knows, is a public trust involving 
duties to the public ? What discipline can there be in a system when all above him and 
all below him are bound together by the conciousness of this common degradation? The 
galley slaves are chained together, their proximity making them conscious of the common 
infamy, and the common degradation and the common punishment make them hate and 
despise and dread and suspect and injure each other. 



CIVIL SERVICE REFORM. 177 

" Mr. President, this system is a great wrong to the people. A fair day's work and a 
fair day's pay is common honesty imported into our Government. If these employees 
can have extracted and abstracted from their salary 2 or 4 or 10 per cent., and yet 
sufficient remuneration left to them, then I say the deduction should be made directly 
from their salary and be left in the Treasury. 

"I will not speak of what this system may be, if against their interest, against their 
will, against their moneyed capacity, these men are compelled to submit these contribu- 
tions if they are extracted out of the suffering of themselves and their families. When I 
see that this system tends to such degradation, such demoralization, to the breaking down 
of our civil administration, the destruction of the instinct and patriotism in our country, 
I declare upon my conscience I believe it would be better for the country, better for the 
service, better for the people, if a felonious hand were put into the Treasury of the 
United States and this money were abstracted for this purpose and a clear thing be made 
of it by charging it up to " soap." 

* * * •* * * * 

"Have we not been told, are we not told constantly, that this Republican party is the 
party of God and morality in the country ? Has not the gentleman declared with a 
seriousness of tone and sincerity of manner that leaves no room to doubt his conviction of 
the truth, that it is the best and purest party that has ever existed in this government ? 
Why, sir, I have read the description of a party like this : ' But all their works they do 
for to be seen of men ; they make broad their phylacteries, and enlarge the borders of 
their garments ; and love the uppermost rooms at feasts and the chief seats in the syna- 
gogues ; and greetings in the markets, and to be called of men, ' "Rabbi, rabbi." ' 

" And if, after making all the professions of purity and excellence and faith, when 
you happen through the flimsy device to be caught in evil practices, you seek to screen 
yourselves from the consequences behind the examples of others, there will be denounced 
against you that terrible anathema. ' Woe unto you * * * hypocrites, for ye 
devour widow's houses, and for a pretence make long prayer ; therefore ye shall receive 
the greater damnation.' 

" Mr. President, men of our race and language have always been tenacious of the 
purity of the civil service of their government. Even as our fathers emerged from the 
ages which we are in the habit of calling dark, they began to require that the purity of 
civil service should be the characteristic of their kings as well as of their commons. Six 
hundred and fifty and more years ago King John in the Magna Charta was compelled to 
declare : 

"We will not make any justiciars, constables, sheriffs or bailiffs, but of such as are 
knowing in the law of the realm, and are disposed duly to observe it. " 

"Nearly a hundred years afterward, in the time of Richard II., in 1288, the Com- 
mons passed a statute — 

"That the chancellor, treasurer, etc., the justices of the one bench, and of the other, 
etc., and all other that shall be called to ordain, name or make justices of the peace, 
sheriffs, escheators, customs, comptrollers or any other officer or minister of the king, 
shall be firmly sworn that they shall not ordain, name or make justice of the peace, 
sheriff, escheator, customer, comptroller, nor other officer or minister of the king for any 
gift or brocage, favor or affection ; nor that none which pursueth, by him or other, privily 
or openly, to be in any manner office, shall be put in the same office or in any other ; but 
that they shall make all such offieers and ministers of the best and most lawful men, and 
sufficient to their estimation and knowledge. " 

"Lord Coke says that that was — 

" A law worthy to be written in letters of gold, but more worthy to be put in due 
execution. " 

"A few years passed on and Edward IV., pressed by his necessities, commenced to 
levy ' benevolence ' upon the commons of England, which the people very turbulently, 
as he thought, called 'malevolence,' and thereupon, in the first year of Richard III., the 
bloody monster as he was called, Lord Coke mentions how 'the exaction under the good 
name of benevolence,' 1 begun in 12 Edward 4, came to be so that 'many of the people did 
much grudge at it and called it a malevolence. ' He refers to I Richard III., wherein 
the commons recite : 

"That 'the commons of this realm, by new and unlawful inventions and inordinate 
covetise against the law of this realm, have been put to great thraldom and importable 
charges and exactions, and in especial by a new imposition named a benevolence, whereby 
divers years, the subjects and commons of this realm, against their wills and freedom, 
have paid great sums of money ' — 

12 



178 CIVIL SERVICE REFORM. 

"After which, and other recitals, it is ordained — 

"That his subjects and the commonality of this his realm, from henceforth in no wise 
be charged by none such charge (exaction) or imposition called benevolence, nor by such 
like charge; and that such exactions called benevolences afore this time taken betake for 
no example to make such or any like charge of any his said subjects of this realm here- 
after, but it be damned and annulled forever." 

"And Lord Coke, speaking of this very statute, I Richard III, says that — 

" Of the acts of Richard the Third one of the wisest was that of i Ric. III., ch. 2, ' an 
act to free the subjects from benevolences /' But he did not adhere to it. There is 
mention of letters sent by him exacting these benevolences and specifying the sum which 
each person was required to give. It is stated that ' this ' was ' a fatal blow at what re- 
mained of his popularity.' 

" History repeats itself. Benevolence exacted for his private purposes by the king 
which the people called malevolences, and which were rejected and repudiated by the 
Commons. He seemed to favor the rejection, but he sent out circulars even in those 
days to his good subjects, and specified in those circulars the amount of money which he 
required them to pay. Behold the example which this committee has followed ! 

" Mr. President, to these principles embodied in Magna Charta, embodied in these 
statutes, the people of our race have always been true. Sometimes they have wandered, 
sometimes they have straggled from the paths, but they have speedily returned to them, 
and in their return they have always been led in England by the Commons, and in this 
countiy by the Democratic party. To-day the time has come when they shall be led 
again to appreciate the beneficence of a pure civil administration. To-day the Democratic 
party is putting itself at the head of that return, civil service reform is writ on its escutch- 
eon and emblazoned on its banner. By its strength and in order to perfect it, the 
Democratic party will sooner or later come into power. I say to Senators on the other 
side of the Chamber that the sooner it comes into power the better it will be for them 
and for the country. It may for a moment wound their susceptibilities, but it will advan- 
tage their prosperity and their liberties. When that time does come, when we shall take 
possession of this Government, when we shall put in the high places of power our worthiest 
and best, the President of the United States, the chief of the state, under the people the 
source and fountain of honor and powers in this country, will be able to say to all as 
Van Artevelde said in response to Vauclaire who was thanking him for his promotion : 

Nay ! say no more, 
You owe me nothing ; what have I to give 
Is held in trust, and parted with for services ; 
Value received is writ on my commissions; 
Nor would I thank the man that should thank me 
For aught as given him gratis. * * * 
****** 

Supremacy of merit, the sole means 
And broad highway to power. * * * 

* * * meritoriously administer'd 
While all its instruments from first to last, 
The tools of state, for service high or low, 

* * * chosen for their aptness to those ends 
Which virtue meditates. 



THE OVERTHROW OF MONOPOLIES. 179 



The Overthrow of Monopolies. 

There is no question before the people of the United States involving such vast 
interests as the question of the forfeiture of the unearned lands granted to railroads, 
and, it may be added, that there is no question of vast public concern so little un- 
derstood. One is apt to be dazed by the magnitude of the subject, and not fully 
to understand it. We speak in this chapter of bodies of land larger than New 
England ; of tracts that have been granted to corporations equal in size to the 
kingdoms that have ruled the world ; of hundreds of millions of acres that have 
been given away, valued at hundreds of millions of dollars. We give at length 
the history of these grants, present tables showing the amount of land granted, 
and give references to the law in each case. The record of the Republican party 
on this question has been made ; it is here given ; by the record let it be judged. 

History of Our Public Lands. 

The ' ' era of the birth of monopolies " in this country covers but a short period 
of time, but the injury inflicted is incalculable. That era dates from July 1, 1862, 
and extends to March 3, 1871. The former date was the date of the Union Pacific 
act. and the latter the Texas Pacific act. From July 1, 1862, to March 3, 1871, 
less than nine years, public lands were voted away to corporations to the amount 
of 144,538,134 acres. By law, the roads earned 49,410,380 acres, leaving 95,127,754 
.acres that can and should be reclaimed for the people. There is besides this nearly 
ten million acres, comprised in grants made to States that are forfeitable and 
should be reclaimed, making the grand total of lands to be reclaimed over one 
hundred million acres of land. 

The Public Domain — How Acquired. 

Perhaps the first thing that should be done to enable the reader to clearly under- 
stand the condition of the public domain is to show its original extent, how portions 
of it have been disposed of, how much of it remains, and the claims that are made 
upon it. 

The United States held and claimed no land in the thirteen original States, so 
that the land (341,782 square miles, or 218,740,480 acres) included within the 
"boundaries of these States is not to be considered. 

The first public lands belonging to the Government were cessions by some of 

these States, viz. : Massachusetts, Connecticut, New York, Virginia, North and 

South Carolina, and Georgia, of lands held by them under grants from Great 

Britain. The amounts ceded were by 

A.cres. 

New York and Massachusetts 202,187 

Virginia (exclusive of Kentucky) 165,659,680 

South Carolina 3,136,000 

Georgia 56.689,930 

North Carolina 29,184.000 

Connecticut 4.300.000 

Total 259.171. 797 



180 THE OVERTHROW OF MONOPOLIES. 

Of the amount ceded by Virginia, Massachusetts claimed 34,560,000 acres, and 
Connecticut claimed 23,000,000 acres ; but whatever rights they had, if any, were 
given to the general Government. 

The session from North Carolina, while it gave jurisdictional rights did not 
really give any land, as the territory ceded (now the State of Tennessee) was com- 
pletely covered with reservations. This makes the actual number of acres 
acquired by these sessions, which the Government could sell or dispose of, to be 
229,987,187 acres, or 359,356 square miles. 

Over the territory now included in the State of Kentucky, Government was 
given jurisdictional control, but it acquired no lands, as these like the lands in 
Tennessee, had been disposed of by the State in grants. 

The next land acquired was by the treaty of 1803 with France, when the terri- 
tory of Louisiana was purchased, at a total cost of $27,267,622. This territory 
contained 756,961,280 acres, being larger in extent than the original thirteen States 
and all their territorial possessions, which only amounted to 531,200,000 acres. 

This purchase included parts of the present States of Alabama and Mississippi, 
all of Louisiana, Arkansas, Missouri, Iowa and Nebraska, nearly all of Minnesota 
and Kansas, all of Dakota, Montana, Idaho, and the Indian Territory, with parts 
of Wyoming and Colorado. 

The next acquisition was in 1819 from Spain, the territory of Florida, contain- 
ing 37,931,520 acres, the cost being $6,489,768. 

From Mexico, by the treaty of Gaudalupe Hidalgo, Feb. 2, 1848, 334,443,520 
acres were acquired, costing $15,000,000. This territory comprises California, 
Nevada, part of Colorado, Utah, and the greater part of New Mexico and Arizona. 

In 1850 the Government purchased from Texas certain lands claimed by it, 
amounting to 65,130,880 acres, at a cost of $16,000,000. 

In 1853 the Gadsden purchase was made from Mexico, comprising 29,142,400 
acres, at a cost of $10,000,000. This purchase forms a part of the territory of 
Arizona and New Mexico. 

In 1867 the territory of Alaska was purchased for $7,200,000, and comprises 
369,529,600 acres. 

So that the public domain of the United States consists of 

Acres. 

Cession from the original States 229,987,187 

Louisiana purchase 756,961,280 

Florida 37,931,520 

Mexican Treaty 334,443,520 

Purchase from Texas, 61,892,480 

Gadsden purchase 29,142,400 

Alaska 369,529,600 

Total 1,819,887,987 

In this the State of Texas is not included, as by the treaty of annexation it 
retained the ownership of all public lands within its borders. 

How the Domair\ has been Disposed of. 

Of these lands up to June 30, 1880, there had been surveyed 752,557,195 acres, 
and of this there remained undisposed of, 24,802,711 acres, making with the 
unsurveyed land the number of acres now owned by the Government, 
1,273,946,438. 



THE OVERTHROW OF MONOPOLIES. 181 

The public lands (542,000,000 acres) which have been disposed of, have been 

used in the following ways : 

Acres. 

Sold 200,000,000 

Given to States as swamp land 70,000,000 

Given to States for internal improvement , 8,000,000 

Given to States salt springs 1,000,000 

Given to States Florida, Oregon and New Mexico 3,000,000 

Given to States for schools and colleges 79,000,000 

Land bounties for military and naval service 61,000,000 

Homesteads 56,000,000 

Timber culture 10,000,000 

Canals and wagon roads 6,000,000 

Desert Land act 1,000,000 

Given to States for railroads 36,000,000 

Patented to railroad corporations 11,000,000 

Total 542,000,000 

This leaves only 6,000,000 acres of the public domain which has been disposed 
of unaccounted for, and this has been disposed of at various times in small bodies 
by Congress for different purposes. 

The public domain not disposed of consists, as before stated, of 1,273,946,438 
acres. For public use we must deduct from this the Indian and Military Reserva- 
tions— 157,000,000 acres, and private land claims, 80,000,000, a total of 237,000,000 ; 
which would leave the available lands at 1,036,946,438 acres. In considering its 
disposition, from this we must deduct Alaska as totally unavailable for settlement 
and cultivation, which leaves 676,000,000 acres ; 26,000,000 of this is in the South- 
ern States, leaving 650,000,000 in the Territories and States of the West through 
which the grant railroads are being built. Of this amount, at least 400,000,000 
acres are mountain lands, unsuitable for cultivation. 

This leaves now in possession of the United States, about 250.000,000 acres of 
available land, of which the various States to which grants were made claim 
about 5,000,000 acres ; and the estimate of the Land Office is that it will require 
about one hundred and twenty-five million acres to satisfy the claims of the cor- 
porations ; and these claims are based upon grants demanding work to be done 
which has not been done, so the lands have not been earned, and are justly for- 
feited to the people of the United States. 

Reports of various Secretaries of the Interior, letters and orders written by 
them, and opinions promulgated by the Attorney-General, which will be given, 
show that unless Congress takes definite action upon this subject, titles will be 
made to a large portion of this one hundred and twenty -five million acres, within 
a short time. 

The Laws for Internal Improvements. 

Having shown fully the amount of land owned by the United States, and how 
it was acquired, how much of it has been used, we will now examine the laws 
made to aid in building railroads and other internal improvements. 

When the United States Government was young, it was rich in land and poor 
in other resources, and the policy of aiding public works by land grants was in- 
augurated at an early date, but until 1862 all grants were made to the States 
wherein the work was contemplated, and the State securing the ground was held 
to account for it. 



182 THE OVERTHROW OF MONOPOLIES. 

The State of Ohio was the recipient of the first land grant for public improve- 
ments. April 30th, 1802, one-twentieth ; (5 per cent.) of the net proceeds of land 
sold in the State, was given it for "laying out and making roads." March 3d, 
1803, three per cent, additional was given. 

In 1824 the first land grant was made for canal purposes, and the last was made 
in 1866. All these grants were to States, and the amounts are as follows : Indiana, 
■1,457,336 acres,; Michigan, 1,250,000 ; Ohio, 1,100,361 ; Wisconsin, 325,453 ; Illi- 
nois, 290,915, a total of 4,424,065 acres granted for canals. 

For military roads there was granted, from 1863 to 1872, to Oregon, 777,097 
acres; Michigan, 321,013 ; Wisconsin, 302,930, a total of 1,401.040 acres. 

The first grant in aid of a railroad was made September 20, 1850, (Stat, at 
Large, vol. 9, page 466) to the State of Illinois. The even numbered sections, for 
six miles on each side of the road, were given, and indemnity for occupied lands- 
was allowed for fifteen miles on each side. The sum total of this grant was 
2,595,053 acres, an<J through its means 1,320 miles of railroad were built, being one 
mile of road for each 1,965 acres of land. The State, through its charter, required 
the railroad company to which the land was given to pay five to seven per cent, of 
its gross income to the State. Under this law the Illinois Central, up to 1880, had 
paid the State over $8,000,000, and the future annual income is estimated at $350,- 
000, the stock of the company now selling at a premium of $45 even after such 
payments had been made to the State. 

The same bill (Stat, at Large, vol. 9, page 466), contained a similar grant to the 
States of Alabama and Mississippi, to aid in the construction of the Mobile and. 
Ohio road, which was to connect with the Illinois road at Cairo. There has been 
patented to these States, for this road, Mississippi, 737,130 acres, Alabama, 419,428 
acres, a total of 1,156,558 acres: 

The next land grant was made June 10, 1852 (Stat, at Large, vol. 10, page 8),. 
and was to the State of Missouri. The amounts granted by this act were the same- 
as had been given to Illinois, and by this grant, which amounted to 1,764,710 
acres, the southwest branch of the Pacific (now the San Francisco), 292 miles long,, 
and the Hannibal & St. Joseph, 292 miles long, a total of 584 miles long, were 
built. Missouri thus secured one mile of railroad for every three thousand acres 
of land granted. (Round numbers). 

February 9, 1853 (Stat, at Large, vol. 10, page 155), the act was passed granting 
to Arkansas and Missouri, lands to aid in the construction of a road from Cairo, 
at the mouth of the Ohio river, to Fulton, on Red River, and from opposite 
Memphis, Tennessee, via Little Rock to Fort Smith, Arkansas. This grant, like 
the others, was only six sections to the mile, but was afterwards increased to ten. 
Under this law the St. Louis, Iron Mountain & Southern, from St. Louis and 
Cairo to Fulton, 339 miles long, has been built and has received 1,486,383 acres of 
land, and the Memphis & Little Rock and Little Rock & Fort Smith, 168 and 135 
miles long, have received 1,058,560 acres. Arkansas, it will be seen, obtained one 
mile of railroad for each 3,900 acres of land granted. 

The next land grant act was approved May 17, 1856 (Stat, at Large, vol. 11, 
page 15), giving to the States of Florida and Alabama six sections per mile to aid 
in constructing a road from Montgomery, Alabama, to Pensacola, Florida, from 
Jacksonville to Pensacola, and from Amelia Island to Tampa Bay, with a branch 
to Cedar Keys. 

The State of Florida was entitled under this bill to 2,576,640 acres of land, if 
the roads were built, and has received 1,595,146 acres, having forfeited the 
remainder, 981,494 acres. Alabama never did anything to entitle itself to any of 



THE OVERTHROW OF MONOPOLIES. 183 

this grant. Florida has 247 miles of land grant railways, being one for each 
seven thousand acres of land granted. 

The next grant was June 3, 1856 (Stat, at Large, vol. 11, page 17). and was to 
the State of Alabama. This was six sections per mile. But those of the roads to 
which aid was granted were definitely located, and they were entitled to 1,142,784 
acres, of which they received 771,930 acres, leaving 370,854 acres unearned and 
forfeited. Alabama has 228 miles of land grant railway, and that shows one mile 
for each 3,385 acres of land granted. 

The same day, that is, June 3, 1856 (Stat, at Large, vol. 11, page 18), a grant 
was made to Louisiana, to aid in building a road from opposite Yicksburg, Missis- 
sippi, to Shreveport, a distance of 189 miles • from New Orleans by Opelousas to 
the State line of Texas ; and from New Orleans to the State line in the direction of 
Jackson, Mississippi. 725,760 acres of land were set apart for the Yicksburg and 
Shreveport road, and 353,212 acres have been certified, leaving 372,548 unearned 
and forfeited. No lands were ever given for the road from New Orleans towards 
Jackson, Miss., though it was built within the time prescribed by the granting 
act. Louisiana has only 152 miles of land grant railway, being one mile for each 
7,000 acres. 

On the same day, was granted land to the State of Wisconsin (Stat, at Large, vol. 
11, page 20) to aid in constructing roads from "Madison or Columbus via Portage 
City to St. Croix river, and thence to the west end of Lake Superior ; and to Bay- 
field ; and also from Fon du Lac, on Lake Winnebago, northerly to the State 
line." This act was amended several times, May 5, 1864 (Stat, at Large, vol. 13, 
page 66), June 21, 1866 (Stat, at Large, vol. 14, page 360), and March 3, 1875 (Stat. 
at Large, vol. 17, page 634). By these amendments the number of sections to the 
mile was increased to ten. The number of miles of road required to be built was 
811 ; the number of miles actually built was 633. The number of acres estimated 
as granted was 4,514,052, and the number patented to the grantee was 2,262,608, 
while the amount actually earned before the time for the completion of the roads 
expired was 2,867,200 acres, leaving 605,000 acres due. If to this we add as due 
amounts earned by construction of roads since the expiration of the time for com- 
pletion as per charter, an additional 1,184,000 acres is due Wisconsin. Vfisconsin 
has received 3,413,650 acres of land, for which it has built 633 miles of road, that 
is, in round numbers, 5,400 acres for each mile of land grant railway. 

Michigan also secured a land grant, on the 3d of June, to aid in construct- 
ing roads from "Little Bay De Noquette, to Marquette, and thence to Ontonagon, 
and from the last named places to the Wisconsin State line ; and also from Amboy, 
by Hillsdale and Lansing, and from Grand Rapids to some point on or near 
Traverse Bay, also from Grand Haven and Pere Marquette to Flint, and thence to 
Port Huron " (Stat, at Large, vol. 11, page 21). This act was amended June 18, 
1864 (Stat, at Large, vol. 13, pages 137 and 409) ; July 3, 1866 (Stat, at Large, 
vol. 14, page 78) ; March 2, 1867 (Stat, at Large, vol. 14, page 425) ; May 20, 
1868 (Stat, at Large, vol. 15, page 252) ; March 3, 1871 (Stat, at Large, vol. 16, 
page v 586); April 20, 1871 (Stat, at Large, vol. 17, page 643); March 3, 1879 
(Stat, at Large, vol. 20, page 490). 

By these amendments the time for completing the roads was extended, and the 
grant on one, from Marquette to Ontonagon, increased to ten sections per mile. 
The several lines aided were 563 miles long ; the land granted, deducting conflict- 
ing claims, was 2,580,321 acres. Two hundred and fifty miles of these roads were 
built during the time required by law, and 213 miles have been completed since, 
and 1,415,447 acres of land have been certified to the grantees. Giving lands in 



184 THE OVERTHROW OF MONOPOLIES. 

proportion for the number of miles built during and after the time allowed for 
completion, the State would be entitled to 840,000 acres additional. The land grant 
to Michigan was 2,580,020 ; the miles of land grant railway are 1,005, being one 
mile for every 2,567 acres granted. 

August 11, 1856 (Stat, at Large, vol. 11, page 30), Mississippi was granted six 
sections per mile for three roads, no part of any of which were constructed within 
the ten years required by the granting act, and two of the grants were treated as 
forfeited after August 11, 1866. The General Land office having no hesitation in 
this case to require the full pound of flesh nominated in the bond. Though of 
late years it has been very careful of the rights of corporations, it had no hesitation 
in the case of a State. For the other road, completed after the time had expired, 
the State secured 198,027 acres, making, with the 737,180 acres for the Mobile and 
Ohio road, a total of 935,158 acres, for which the State has 406 miles of road to 
show, being one mile of road for each 2,300 acres of land. 

Minnesota, on March 3, 1857 (Stat, at Large, vol. 11, page 195), received the 
next land grant, which act was amended at various times, as follows : July 12, '62, 
12-624 ; March 3, '65, 13-526 ; July 13, '66, 14-97 ; March 3, '71, 16-588 ; March 
3, '73, 17-631 ; June 22, '74, 18-203 ; March 3, '75, 18-511. 

The original granting act in this case gave six sections, as in previous grants, 
but in 1865, after the commencement of the system by which private corporations 
were given ten and twenty sections per mile, the grants to Minnesota were 
increased to ten. 

If there had been no conflict between any of the grants the State would have 
been entitled to 6,400,000 acres of land for these roads, and has secured for them 
6,130,000 acres. 

On May 5, '64 (Stat, at Large, vol. 13, page 64), and on July 4, '66 (vol. 14-87), 
Minnesota was given additional grants for other roads, for which it has secured 
1,230,000 acres of land, a total to that State of 7,360,000 acres. For this land 
grant it has to show one thousand eight hundred miles of completed railway ; 
whilst for the lands given to private corparations it has only five hundred miles. 
The private corporations received twenty sections per mile, and the State got one 
mile of road for each 4,100 acres. 

August 8, 1846 (Stat, at Large, vol. 9, page 77), a grant was made to the Ter- 
ritory of Iowa to improve the navigation of the Des Moines river. Nothing was 
ever done with it. On May 15, 1856, a grant of six sections per mile was made to 
Iowa to aid in building five roads. July 12, 1862 (vol. 12, 543), the grant of 1846 
to the Territory was increased and regiven to the State, to aid in building a rail- 
road. May 12, 1864 (vol. 13, page 42), grants were made for three other roads, 
giving ten sections per mile ; and June 2, 1864 (vol. 13, page 98), the grant to the 
other roads was increased and the time for completion extended. 

Iowa has received under these grants 4,695,490 acres of land, and has to show 
for it 1,672 miles of railroad built on these lines (and branches built by them), 
increasing the mileage for this grant to 2,250, showing one mile of road to each 
2,090 acres of land. 

March 3, 1863 (Stat, at Large, vol. 12, 772), Kansas secured a grant for three 
roads. Ten sections to the mile was given. Grants for two other roads were made 
July 23, 1866 (vol. 14-210), and July 25, 1866 (vol. 14, 236). Under these grants 
the State received 4,153,470 acres of land and has for it 1,210 miles of road, being 
one mile of road for each 3,430 acres of land. 

This closes the lists of the acts making grants to the States to aid in building 
railroads within the several States. No grant, until after 1862, was for more than 



THE OVERTHROW OF MONOPOLIES. 



185 



six sections or 8,840 acres per mile. The number of States to which lands were 
granted was twelve, and the amount of lands given was less than thirty-five mil- 
lions. The following table will show the States, the amount of lands patented or 
certified to the States, number of miles built by land grant roads, and the number 
of miles of road built in these States, which includes land grant, and non-land 
grant roads. The table is as follows : 



States. 



Alabama. 

Arkansas 

Florida 

Illinois 

Iowa 

Kansas 

Louisiana 

Michigan 

Minnesota 

Mississippi 

Missouri 

"Wisconsin 

Totals 



Land patented 

or Certified to 

State. 



2,882,076 
2,376,891 
1,760,834 
2,595,053 
4,706,458 
4,449,226 
1,072,406 
3,229,010 
7,748,651 
935,158 
1,395,429 
2,807,583 



35,958,775 





Number of 


Miles of Rail- 


acres certi- 


way by Land 


fied to each 


Grant. 


mile of Rail- 




way built. 


822 


3,506 


620 


3,833 


247 


7,128 


705 


3,680 


1,672 


2,815 


1,654 


2,696 


152 


7,055 


1,005 


3,210 


2,389 


3,243 


406 


2,303 


703 


1,842 


553 


5,077 



10,928 



3* 
I 



IS 
i -^ 

H S 



Average number of acres of land per mile, 3,290. 

It will be seen that the average number of acres of land for a State to get a 
mile of road built in less than thirty-three hundred acres. "We now come to the 
Urst direct grant to a corporation, viz : 

Land Grants to Railroads. 

From an exhaustive speech by Hon. Wm. S. Holman in the House of Repre- 
sentatives, March 11, 1884, we quote the following statistics : 

TABLE No. 1. 

Grants of land made by the United States to aid in the construction of certain 

railroads. 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 



Names of Railroads for which Grants were Made. 



Atchison, Topeka and Santa Fe 

Kansas City, Lawrence and Southern Kansas 
Burlington and Missouri River (in Nebraska). 

California and Oregon , 

Southern Pacific (Southern Division) 

Burlington and Missouri River (in Iowa) 

Minnesota Central 

Southern Minnesota , 

McGregor and Missouri River , 

Hastings and Dakota 



Number of 

miles 

covered 

by grants. 



279 
110 
167 
150 
75 



Estimated 

number of 

acres granted. 



470 


3,005,870 


143 


800,000 


190 


2,441.600 


291 


3,724.800 


934 





948.643 



3.462.403 



136 



THE OVERTHROW OF MONOPOLIES. 

TABLE No. 1— Continued. 



j Number of 
Names of Katlroads tor 'which Grants were Made. J co ^ e ped 

I by grants. 



Chicago and Northwestern 

Cedar Rapids and Missouri River , 

Winona and Saint Peter (Saint Peter to Watertown) 

Saint Paul and Sioux City 

Sioux City and Saint Paul 

West Wisconsin , 

North Wisconsin 

Mississippi and Missouri River 

Hannibal and Saint Joseph = 

Illinois Central 

Dubuque and Sioux City 

Iowa Falls and Sioux City. 

Little Rock and Fort Smith 

Memphis and Little Rock 

Cairo and Fulton 

Southwest Branch of Pacific of Missouri 

Saint Louis, Iron Mountain and Southern. 

Missouri, Kansas and Texas 

Oregon and California 

Oregon Central 

Southwest Branch of Pacific of Missouri 

Atlantic and Pacific 

Lake Superior and Mississippi River 

Stillwater and Saint Paul 

Saint Paul and Pacific 

Southern Pacific (Northern Division) 

Southern Pacific (Southern Division) 

North Louisiana and Texas 

Denver Pacific 

Saint Joseph and Denver City 

Portage, Winnebago and Lake Superior 

Florida Transit Railroad Company 

Florida Central and Western Railway Company 

Louisville and Nashville Railway Company 

do do do 

Mobile and Girard Railway Company 

East Tennessee, Virginia and Georgia Railway Com- 
pany 

Alabama and Great Southern Railway Company 

Vicksburg and Meridian Railway Company 

Mobile and Ohio Railway Company 

Morgan's Louisiana and "Texas Railroad and Steam- 
ship Company 

Vicksburg, Shreveport and Pacific Railway Company 

Saint Joseph and Western Railway Company 

South and North Alabama Railroad Company 

Chicago, Milwaukee and Saint Paul, La Crosse to 
Airlie 

Flint and Pere Marquette Railway Company 

Grand Rapids and Indiana Railway Company 

Marquette, Houghton and Ontonagon Railway Com- 
pany 



Totals. 



271 
323 
121 
122 
177 
42 
317 
206 
710 
142 
183 
165 
133 

*37 

514 

183 

200 

47 

37 

203 

156 

13 

387 

934 

870 
106 
227 
256 
155 
155 

45 
112 

85 

156 

270 
95 

472 



76 

226 
183 

302 
168 
333 

73 

13,071 



Estimated 

number of 

acres granted. 



1,298,730 

1,852,989 

1,199,849 

551,148 

999,983 

1,408.452 

1,261,181 

781,944 

2,595,053 

1,226,163 

1,009.296 
804,185 

1,161', 235- 

4,106,647 

1,520,000 

3,840,000 

100,000 



920,000 

4,723,638 

11,964,160 

610,88a 

1.100,000 

1,700.000 

1,800,000 

1,171,200 

1.405,440 

168.960 

433,920 

858,624 

641,285 
944,640 
368,640 

1,286,784 

967,840 

725,760 

1,700,000 

702,720 

1,787,953 
586,828 
921,280 

755.200 



85,073,773 



THE OVERTHROW OF MONOPOLIES. 



187 



TABLE No. 2. 

Grants of Land made by the, United States to aid in the Construction of certain 

Railroads. 





Names of Corpokations. 


Number 

of miles 

coveredby 

grants. 


Estimated 

number of 

acres granted. 


1 


Kansas Pacific 


638 

737 

123 

133 

101 

038 

1,317 

2,870 

1,755 


6,000,000 
7,997,600 
1,100,000 


PI 


Central Pacific 


R 


Western Pacific 


4 


Central Branch of the Union Pacific 


804,185 


5 


Sioux City Pacific 


41,398 


6 
7 


Union Pacific 

Northern Pacific 


12,000,000 
48,215,040 


8 


Texas Pacific 


14,000,000 


9 


Atlantic and Pacific 


49,244,803 




Total 






7,712 


139,403,026 









The Union Pacific Charter. 

On the first of July, 1862 (U. S. Stat, at Large, vol. 12, page 489), the Union 
Pacific R. R Co. was incorporated. The charter was from the 100th degree of 
west longitude to the western boundary of Nevada. In the first section of the 
charter is the following clause : 

lie Capital stock of said company shall consist of one hundred thousand 
shares of one thousand dollars each, which shall be subscribed for and held in 
not more than two hundred shares by any one person." 

Section 3 grants ten sections of land per mile ; all lands not sold or disposed of 
in three years after the completion of the road to be subject to entry and pre-emp- 
tion at $1 25 per acre, to be paid to the company. 

Section 5 gives $16,000 United States bonds per mile. 

Section 9 charters the Leavenworth, Pawnee and Western (now Kansas 
Pacific) road, to commence at the junction of the Kansas river with the Missouri 
river, and unite with the main line at the 100th meridian and giving it the same 
subsidies. It also confers the same privileges upon the Central Pacific, a corpora- 
tion chartered by the State of California. 

Section 10 authorizes this company to continue eastward from the eastern 
boundary line of California until it meets the Union Pacific. 

Section 11 trebles the amount of aid for the mountainous district. 

The clause restricting any one owner to not more than two hundred shares was 
repealed in 1864. A first mortgage to the amount of* the Government loan was 
sanctioned. The Sioux City and Burlington and Missouri river were chartered 
with the same privileges granted by the original and the amended charter. One of 
these roads is now part of the Union Pacific. 

July 15, 1866 (vol. 14-94) the Placerville and Sacramento Valley road was 
chartered and given ten sections per mile. July 25 (vol. 14, 239) the California 
and Oregon and Oregon Central were chartered and given a subsidy. Both of 
these roads are now part of the Central Pacific. 

July 27, 1866 (vol. 14, 292) a new and much broader charter was given to the 
Atlantic and Pacific, giving twenty sections in the States and forty in the Terri- 
tories, with many privileges as to branches. By section 18 of the same act the 



188 THE OVERTHROW OF MONOPOLIES. 

Southern Pacific was chartered with the same rights given to the Atlantic and 
Pacific. 

. March 2 (vol. 14, 548), the Stockton and Copperopolis road was started with 
a land grant. It is now a part of the Central Pacific. 

July 3, 1869 (vol. 15, 324), the Denver Pacific was authorized to take part of 
the grant formerly given to the Leavenworth, Pawnee and Western. 

May 4, 1870 (vol. 16, 94), the Oregon Central was chartered and given twenty 
sections of land to the mile. This land could not be sold at more than $2.50 per 
acre, and only to actual settlers, in sums of not more than 160 acres. This road is 
now part of the Central Pacific. 

March 3, 1871 (vol. 16, 573), the Texas Pacific was chartered and given forty 
sections per mile. 

The next big corporation was the 

Northern Pacific Railroad Company. 

The Northern Pacific Railroad Company was chartered July 2, '64 (U. S. 
Stat, at Large, vol. 1 3, 365). It was to receive twenty sections of land per mile in 
Wisconsin and Minnesota, and double that amount in the Territories and Oregon. 
The road was to be completed July 4, 1876, twelve years from the date of the 
granting act. May 7, 1866 (U. S. Stat, at Large, vol. 14, 355), a joint resolution 
extended the time for commencing and completing the road two years. This made 
the date for its completion July 4, 1878. July 1, 1868 (U. S. Stat, at Large, vol. 
15, 255), the time was extended for commencing the road two years, and it was 
required to be completed July 4, 1877. 

The amount of this grant is 48,215,000 acres. Even under the decision of Sec- 
retary Schurz the road forfeited its legal rights by non-compliance with its con- 
tract, on July 4, 1879, at which time it had only 531 miles of its lines completed, 
and was entitled to 5,632,000 acres of land. 

Atlantic and Pacific Railroad Company. 
The Atlantic and Pacific, or thirty-fifth parallel route is next to be examined. 
The original charter and grant to this road was made July 27, 1866, and the bill, 
with the exception of the designated route, is a copy of the one making the grant 
to the Northern Pacific. Sections 8 and 9 in this act are precisely similar to the 
same sections in the Northern Pacific act, except that in the 8th section the time 
fixed for the completion of the road is set on July fourth, 1878, and the word 
" conditional " is used in the 9th section in place of the word " conditioned." The 
land grant is the same — forty sections in the Territories and twenty sections in the 
States, per mile — the whole grant amounting to forty million six hundred and ninety 
thousand five hundred acres, or sixty-three thousand five hundred and eighty square 
miles. Of this amount, thirteen millions one hundred and seventy thousand five 
hundred acres are situated in the Indian Territory, through which the main line 
and a branch from the Canadian river to the Arkansas State Line pass for a distance 
of six hundred and fifty miles. 

Texas and Pacific Rjailroad Company. 
The act can be found in the 16th vol. U. S. Statues at Large, 573-579. Ap- 
proved March 3, 1871. ; This was a grant of land in Arizona and New Mexico, of 
forty sections per mile, and a grant of twenty sections per mile in California. By 
section 22 of that act, a grant of twenty sections per mile was made to the New 
Orleans, Baton Rouge & Vicksburg R. R. Co., known as the "Backbone," so as 
to give connection to New Orleans, La. The time for the completion of the Back- 



THE OVERTHROW OF MONOPOLIES. 



189 



bone was five years, and expired March 3, 1876. The Texas Pacific proper 
had ten years, or till 1881, but ,by an amendment May 2, 1872, it was extended 
to May 2, 1882. 

Lands Earned and Lands Forfeited. 

We have now given a history of how the grants were made, and will next show 
by a tabulated statement the number of miles of railroad built, the number of 
acres of land conditionally granted, the number of miles earned by completion of 
of the roads within the time required by law, and the number of acres forfeited 
even under a liberal and equitable construction of the granting acts, and then will 
give such extracts from the granting acts as will place before the eye at once the 
whole legal question to be determined. 

Table No. 1. 



Name of Corporation. 


d 
1 

£ 


d 

8 
'3 
o 

3 

hi 


d 

1 

d 


d 

-2 
'53 

o 

1-3 


u 

111 


Miles of Railway 
built within time 
required by char- 
ter. 


o 
o 

&1 
si 

«1 




1,859,475 
841,780 

188,762 
none 
41,318 

2,374,090 
1,037,910 

95,495 
1,133.790 


7,190,525 
5,159,220 

76,288 

800,006 

3,672 

67,000 
4,223,090 

2,405,505 
5,366,410 






1,042 
676 

100 
106 
107 

190 
1,150 

' ' *888 


1,042 
676 

100 
106 
107 

190 
1,150 

'"883 


$4 14 








Central Branch Union 
Pacific. 












Sioux City and Pacific 

Burlington and Missouri 


















4 30 


Branch Line Southern 














7 41 










7,572,620 


25,291,660 






4,254 


4,254 













Table No. 2. 



Name of Corporation. 


d 
J 

03 

Ph 

§ 
hi 


d 
1 

5 
a 


d 

§ 
h3 


d 

.-§ 
'53 
•R 

o 

d 

1-3 


« e3 

SO 

M 

all 


Miles of Railway 
built within time 
required by Char- 
ter. 


o 

0> 

o 

^ 

•■« 


*Oregon Branch Central I 

Pacific J 

Oregon and California 

Oregon Central 


2,125,314 

322,062 

none 

none 

none 

749,525 

526,990 


7,000 

3,379,698 
1,130,880 
14,309,760 
1,492,000 
47,476,115 
40,163,510 


1,064,000 

2,304,900 

380,000 

none 

none 

10,726,400 

2,070,800 


1,062,526 

1,074,798 

750,880 

14,309,760 

1,492,000 
37,490,240 
38,619,700 


288 

315 
144 
678 

818 
2,270 
2,426 


152 

197 

47 

cone 

none 

f31 

125 


$7 41 

7 41 
7 41 


JNew Orleans Pacific 

tNorthern Pacific 

Atlantic and Pacific 


5 00 




3,723,891 


107,949,963 


16,546,100 


91,799,904 


6,439 


1,052 





*Has 1,031,314 acres of land patented more than it is entitled to. t Has sold several million 
acres of land. } : Assignee of the New Orleans, Baton Rouge & Vicksburg R. R. 



190 



THE OVERTHROW OF MONOPOLIES. 



Table No. 1 shows the completed roads, that is, the roads that were built 
within the specified time designated by their charters. 

Table No. 2 shows the roads that defaulted. 

The Union Pacific controls the Kansas Pacific, Central Branch Union Pacific, 
Denver Pacific, and Sioux City & Pacific, which were land grant roads, besides 
several other branches which were not land grant roads. 

It will be seen that these corporations have received 7,572,620 acres of land, 
and are claiming and are entitled to 25,291,660 acres, making a total of 32,864,280 
acres. They have built 4, 264 miles of railroad, so that for each mile of railroad 
built they have been given 7,780 acres of land; whilst the States only secured 
3,290 acres for each mile built — just half the amount given to the corporations. 
To place it in another form, the States have been given 35,958,775 acres of land, 
and for this have built 10,928 miles of road ; whilst these corporations have been 
•given 32,864,280 acres of land, more than the States received, and for it they have 
returned us but little more than a third of the number of miles of railway. 

Moneys Given. 

Besides this land these roads have received an immense subsidy in money from 
the Government, as is shown by the following statement from the official 
records : 

To the Union Pacific and its branches, the Kansas Pacific, the Sioux City & 
Pacific, and the Central Branch Union Pacific, Government bonds were issued to 
the amount of $36,767,832, and the Government has paid interest on this to the 
amount of $31,895,228, of which sum the road has repaid by transporting mails- 
troops, etc., $11,398,913, leaving due July 1, 1882, on interest paid, $20,469,304. 

To the Central Pacific (including the Western Pacific) there was loaned $27,- 
855,680 in bonds. The interest paid on these by the Government amounts to 
$23,449,463 ; the corporation has repaid $3,821,779, leaving interest due July 1, 
1882, $19,627,684. 

To show this matter in detail, the following table from the report of the Secre- 
tary of the Treasury under date of Dec. 3, 1883, will be found valuable : 

Table N. — Statement of 30-year 6 per cent, bonds {interest payable January and 
July) issued to the several Pacific Railway Companies under the acts of July 
1, 1862 (12 Statutes, 492), and July 2, 1864 (13 Statutes, 359). 



Railway Companies. 


Amount of 

Bonds 
Outstanding. 


Amount of In- 
terest Accrued 
and paid to date 
as per preced- 
ing Statement. 


Amount of 

Interest Due as 

per Register's 

Schedule. 


On January 1, 1876 : 
Central Pacific 


$25,885,120 00 
6,303,000 00 
27,236,512 00 
1,600,000 00 
1,970,560 60 
1,628,320 00 


$13,027,697 67 

3,103,893 09 

11,884.324 65 

78L808 26 

722,380 14 

682,703 89 


$776,553 60 
189,090 00 




817,095 36 
48,000 00 


Central Branch Union Pacific 


Western Pacific 


59,116 80 


Sioux City and Pacific 


48,849 60 








$64,623,512 00 


$28,202,807 70 


$1,938,705 36 



THE OVERTHROW OF MONOPOLIES. 



191 



Railway Companies. 


Total Interest 

paid by the 
United States. 


Repayment of 
Interest by 

Transportation 

of Mails, 

Troops, etc. 


Balance due 
the United 
States on inter- 
est Account, 
Deducting 
Repayments. 


On January 1, 1876 : 
Central Pacific 


$11,804,251 27 

3,292,983 09 

12,701,420 01 

829,808 26 

781,496 94 

731,553 49 


$1,191,765 86 

1,440,664 84 

3,943,715 65 

44,408 05 

9,367 00 

39,005 96 


$10,612,485 41 

1,852,318 25 

8,757,704 36 

785,400 21 




Central Branch Union Pacific 




772,129 94 
692,547 53 








$30,141,513 06 


$6,668,927 36 


$23,472,585 70 



The above table shows the amount due January 1, 1876 — from the six roads 
(really but two, the Union and Central Pacific having swallowed the others). This 
amount has steadily swelled as follows, there being due the Government 

July 1, 1876 $25,227,727 17 

Jan. 1, 1877 27,014,416 32 

July 1, 1877 27,443,139 25 

Jan. 1, 1878 28,890,144 88 

July 1, 1878 ; 29,953,595 61 

Jan. 1, 1879 31,202,642 51 

July 1, 1879 31,116,907 19 

Jan. 1, 1880 32,130,681 75 

July 1, 1880 , 33,974,568 75 

Jan. 1, 1881 35,476,119 18 

July 1, 1881 37,041,145 67 

Jan. 1, 1882 38,698,091 04 

Julyl, 1882 40,123,989 44 

Jan. 1, 1883 41,159,527 51 

and on July 1, 1883, the following table shows the amount due from these roads 
to be of $42,444,713.26: 



Railway Companies. 


Amounts of 
Bonds Outstand- 
ing. 


Amount of In- 
terest Accrued 

and paid to date, 
as per preced- 
ing Statement. 


Amount of In- 
terest Due as 
per Register's 
Schedule. 


On July 1, 1883 : 
Central Pacific 


$25,885,120 00 
6,303,000 00 
27,236,512 00 
1,600,000 00 
1,970,560 00 
1,628,320 00 


$22,676,001 67 
5,940,243 09 
24,140,755 05 
1,501,808 26 
1,609,132 14 
1,415,447 89 


$776,553 60 
189,090 00 
817,095 36 
48,000 00 
59,116 80 
48.849 60 


Kansas Pacific 




Central Branch Union Pacific 


Western Pacific 

Sioux City and Pacific 






$64,623,512 00 


$57,283,388 10 


$1,938,705 3(5 



192 



THE OVERTHROW OF MONOPOLIES. 



Railway Companies. 



On July 1, 1883 : 

Central Pacific 

Kansas Pacific 

Union Pacific 

Central Branch Union Pacific. 

Western Pacific 

Sioux City and Pacific 



Total Interest 

paid by the 
United States. 



$23,452,555 27 
6,129,383 09 
24,957,850 41 
1,549,808 26 
1,668,248 94 
1,464,297 49 



859,222,093 46 



Repayment of 

Interest by- 
Transportation 
of Mails, Troops, 
etc. 



$4,592,158 25 

2.969,049 59 

8,933,292 87 

152,157 10 

9,367 00 

121,355 39 



$16,777,380 20 



Balance due 
the United 

States on Inter- 
est Account, 

Deducting Re- 
payments. 



$18,860,397 02 
3,160,283 50 
16,024,557 54 
1,397,651 16 
1,658,881 94 
1,342,942 10 



$42,444,713 26 



State Grants and Grants to Corporations. 

Where I\ests the Responsibility for these Grants ? 

All of the grants of lands and moneys in these large quantities were made from 
the passage of the Union Pacific Charter, July 1, 1862, to the closing scene on the 
passage of the Texas Pacific bill, March 3, 1871, while the Republican party was 
in control of both houses of Congress and the Executive departments. Of the 
various grants made within that period, the bonds lent by the Government amount 
to $64,623,512 to the following roads : 

Central Pacific, Kansas Pacific, Union Pacific, Central Branch 
Union Pacific, Western Pacific, Sioux City and Pacific. 

The lands given to the roads that were completed in time to earn their lands is 
shown by the following table, and it will be seen that the roads just mentioned 
receive land in addition to bonds. 



Name of Cokporation. 


1 

a 


t3 

a 

3 
o 


<6 

e 

c3 
1-3 


T3 

"5 

3 


ce aj -a 
« So 

9 


Miles of Railway 
built within time 
required by char 
ter, 


Union Pacific 


1,559,475 

841,780 

188,762 

none 

41,318 

2,374,090 

1,037,910 


7,190,525 

5,159,220 

76,238 

800,000 

3,672 

67,000 

4.223.nQf) 






1,042 
676 
100 
106 
107 
190 

1,150 

' 883 


1,042 
676 


Kansas Pacific 






Central Branch Union Pacific 






100 


Denver Pacific 






106 


Sioux City and Pacific 






107 


Burlington and Missouri River 






190 


Southern Pacific 






1,150 


Branch Line Southern Pacific 


95,495 1 2,405,505 
1,133,790 5,366,410 






Central Pacific 






883 












7,572,620 25.291.660 






4,254 


4,254 




' ' 


' ' 










It will be observed that while these roads have earned 32,864,280 acres of land, 
they have taken patents for but 7,572,620 acres. Their reason for this course arises 
from the fact that until they take out patents the title is in the government, hence 
the roads escape taxation. The grants of lands to other roads will now be noticed, 
and the roads aggregate an immense-area. 



THE OVERTHROW OF MONOPOLIES. 193 

The acts making the grants can be found as follows : Northern Pacific railroad 
(Act July 2, 1864, U. S. statutes vol. 13, page 365, time for completion July 4, 
1877, but extended to July 4, 1879). Acres of land, 46,947,200. California 
and Oregon Railroad Co. (Act July 25, 1866, 14th vol. U. S. statutes page 239), 
acres of land 3,686,400. Oregon and California Railroad Co. (Act July 25, 1866, 
vol. 14 U. S. statutes, page 239), acres of land 4,608,000. 

Atlantic and Pacific Railroad Co. (Act July 27, 1866, U. S. statutes, vol. 14, 
page 292). time for completion July 4, 1878. Acres of land granted 40,690,560. 
Southern Pacific Railroad Co. (Act July 27, 1866, U. S. statutes, vol. 14, page 292), 
time for completion July 4, 1878. Acres of land granted 1,130,880. 

Texas Pacific Railroad Co. (Act March 3, 1871, U. S. statutes, vol. 16, page 573), 
time for completion May 2, 1882. Acres of land 14,309,760. 

New Orleans Pacific, assignee of the New Orleans, Baton Rouge and Vicksburg 
Railroad Co. (22d section, act March 3, 1871, vol. 16, page 573), time for completion 
March 3, 1876. Acres of land granted 4,070,400. (Note : this was the amount 
voted by the bill, viz. : 20 sections per mile for 318 miles. But it is estimated that 
there is not more than 1,492,000 acres of land available.) This closes the grants of 
money and lands. The lands to the completed roads are 32,864,280 acres. This 
amount is gone forever from the people. The lands granted to roads that did not 
comply amount to 111,673,854 acres or 174,490 square miles. 

This is more land than is contained in the the States of New York, New Jersey , 
Pennsylvania, Ohio and Indiana. The acts making the grants of money and 
lands, are shown to have been passed between July 1, 1862, and March 3, 
1871. The Republican party, the true party of monopoly, had control of both 
Houses of Congress by from a two-thirds (f) to three-fourths (|) majority. So that 
there is no possible chance for the responsibility to be shifted. But that party's 
responsibility does not stop here. The time fixed for the completion of the roads 
began to expire in 1876, and the last one expired May 2, 1882. If the executive 
offices had been filled by men who were honestly in favor of doing that which is only 
lionest, they would have closed the doors of the department to roads, as their time for 
completion expired and exacted a strict compliance with the terms of the grant. We 
find that this subject has three distinct eras. The first era runs from July 1, 1862, 
to March 3, 1871, and this era is the granting era. The second era is from 1876 to 
1882, the era in which those grants expired by limitation. The third era begins July 
30, 1882, when the Hon. Thomas R. Cobb, of Indiana, introduced House Bill 
No. 3606, for the forfeiting of all unearned land grants (47th Cong., 1st session), 
and brings us down to the present time. The House of the Forty-seventh Congress 
was Republican, and the action of that body shows that the Republican party had 
not changed from the friends of monopoly to the friends of the people. Mr. 
Cobb's bill was referred to the Judiciary Committee, and the record shows that on 
May 16, 1882, Mr. Taylor from that committee made report No. 1266, confirm- 
ing the title of settlers on disputed lands on what is known as the " Ontonagon 
Grant," and the bill calmly died on the calendar. On Monday, July 24, 1882, 
the minority of the Judiciary submitted their report, and with it a resolution to 
forfeit the Northern Pacific unearned land grant. They asked that the matter be 
placed on the calendar. Mr. Caswell, of Wisconsin (Rep.) objected, and the 
Speaker, J. Warren Keifer, sustained him. Mr. Cox, of New York (Dem.), 
appealed from the decision of the chair. Mr. Reed (Rep.), of Maine, moved to 
lay Cox's motion on the table. A newspaper dispatch of that date shows this up 
in a true light. In speaking of this report, it said : 

"The majority of the committee (8) reported in the interest of the railroad 

13 



194 THE OVERTHROW OF MONOPOLIES. 

company that no action was necessary, and when the minority of the committee (?) 
submitted their report, and asked that the subject be placed on the calendar for 
discussion, Speaker Keifer ruled the motion out of order on the ground that the 
majority of the committee having reported that no action was necessary the ques- 
tion could not be discussed on the report of a minority. Mr. Cox, of New York,, 
appealed from this remarkable decision of the chair, when Mr. Reed, of Maine^ 
moved to lay the appeal on the table, which was carried by the following vote : 
Yeas, 97; nays, 70. Not voting, 123. Mr. Caswell {Rep.), of Wisconsin, tried to 
prevent this vote from, going on record." 

That action showed the animus of the Republican leaders. We now come to a 
report that is unique in its character. We allude to the action of the chairman of 
the Committee of Judiciary, Thos. B. Reed, of Maine, then as now one of the 
leaders of the Republican party. The Republican railroad members of that com- 
mittee, rather than have the manner in which the Texas Pacific bill was bought 
through Congress in 1870 and 1871 exposed, voted almost unanimously to forfeit 
the grant on August 3, 1882. When the committee was called that day the 
record shows the following proceedings (Congressional Record, Aug. 3d, 1882) : 

Texas Pacific Pyailroad. 

The Committee on the Judiciary being called : 

Mr. Reed — I desire to present a report from the Committee on the Judiciary 
in regard to the Texas Pacific railroad. I have not the document with me at this 
moment ; it is being copied, and if the House has no objection I will file it as soon 
as it is ready. 

The Speaker pro tempore (Mr. Hubbell) — If there be no objection, the gen- 
tleman will be allowed to file the report when copied. The Chair hears no objec- 
tion. What order does the gentleman ask ? 

Mr. Knott — On behalf of several members of the committee I desire to submit 
in connection with this report some individual views to be printed with it. 

The Speaker pro tempore — If there be no objection, the views of the minority 
will be presented, to be printed with the report of the Committee. 

There was no objection. 

Mr. Holman — Let the resolution accompanying the report be read. 

The Speaker pro tempore — The gentleman from Maine (Mr. Reed) states that 
the report is being copied and will be presented hereafter. 

Mr. Holman — But the resolution, I presume, is here ? 

Mr. Reed — The resolution also is being copied. It could not at any rate be 
read under the present order. 

Mr. Holman — Then it cannot be received. 

A Member— Let it be printed. 

Mr. Reed — Certainly ; it will be printed as a part of the report. 

Mr. Randall — My neighbor, suggests to me to ask that the report be pre- 
sented hereafter, and that the House give consent to the consideration of the 
resolution. 

Mr. Reed — That cannot be done under this rule. This is a presentation of the 
report in ordinary form under the rule. All I ask is that I may make manual 
transmission of the report hereafter. 

Mr. Randall— I suggest that the gentleman be allowed to call it up for consid- 
eration to-morrow. 

Mr. Reed — That cannot be done. That is not proper, because the report has 
not been printed. 



THE OVERTHROW OF MONOPOLIES. 195 

The Speaker pro tempore — The Chair cannot entertain that request during this 
hour. 

Mr. Randall — Unanimous consent can be asked. 

Mr. Reed — Unanimous consent has never been asked in this hour. 

Mr. Ellis — I object, until I know what it is. 

Mr. Randall — It is the forfeiture of 14,000,000 acres of land, granted to the 
Texas Pacific Railroad, quasi Pennsylvania corporation. 

Mr. Holman— Nearly 18,000,000. 

Mr. TowinShend, of Illinois — What has become of the resolution reported by 
the gentleman from Maine ? 

The Speaeer pro tempore— The gentleman informed the Chair that the report 
and resolution were being copied, and asked unanimous consent to file the same 
as soon as copied. 

Mr. Townshend, of Illinois — And that the resolution go on the calendar ? 

The Speaker pro tempore — That was the understanding. 

Mr. Reed — That will be done under the rule. I have stated that I merely wish 
to make manual transmission of this report hereafter instead of now. 

Mr Townshend, of Illinois — That is right, of course. I only wished to under- 
stand the status of the resolution. I understand it will go to the calendar. 

The Speaker pro tempore — The resolution will take the same course as though 
it were presented now. 

Mr. Cox. of New York — When will it come up for consideration ? We want 
to consider it. 

The Speaker pro tempore — The report will come up in its order. 

Mr. Townshend, of Illinois — It can be called up at any time by unanimous 
consent. 

Mr. Cox, of New York — We ask unanimous consent to take it up to-morrow. 

Mr. Reed— The gentleman from Louisiana [Mr. Ellis] has objected. 

This took place August 3d, and yet when Congress adjourned on August 8th 
a printed copy of neither the resolution nor report could be found ; nay, more, 
there never was a printed copy found in the document room of the House, until 
after James A. George, on the night of September 6, made a speech in Congress 
Hall, Portland, Maine, the home of Mr. Reed, and charged publicly that Mr. 
Reed had pocketed the report. Yet in the face of this, we find that on January 
31, 1884, when the bill was up in the House to forfeit the Texas Pacific land grant, 
Mr. Reed had the assurance to ask to have printed in the Record the report which 
the Judiciary Committee agreed to August 3, 1882, but not submitted for some 
time afterward. In the record of January 31, 1884, page 844, the following, on 
motion of Mr. Reed, was printed : 

'■■ Mr. Reed (August 3, 1882), from the Judiciary, submitted the following re- 
port : " 

Any one not knowing the true facts of the case, might think Reed submitted a 
report August 3, 1882, but the record of that day's proceedings shows this to be 
false, and Mr. Reed cannot escape in this manner. It is hardly necessary to state 
that the lobby were here in full force and hovered around the committee like 
buzzards around a carcass. That they were successful is hardly necessary to state, 
for the records of the Forty-seventh Congress show that no effort was ever made to 
take up a bill inimical to the railroads, while two huge efforts were made to pass a 
bill, under cover of which Huntington, Stanford, Crocker & Co. could and would 
have stolen fourteen millions of acres of land. We allude to the effort to pass a 
bill to allow a consolidation of the Southern Pacific system from San Francisco 
via El Paso and San Antonio, Texas, to New Orleans. La. The bill alluded to is 



196 THE OVERTHROW OF MONOPOLIES. 

House Bill 5219, which was the substitute reported from Pacific Railroads committee 
for House Bill 2534, and the reports accompanying are Nos. 755 and 1168, and was 
put on House calender May 3, 1882. House Report 1168 is notable from the fact 
that it takes the ground that monopolies do not work in the interests of monopoly 
but of the people. 

"We now come to the interregnum between the outgoing of the Republican 
House and the incoming of the Democratic House. The fight is now to be trans- 
ferred to the Interior Department and due credit must be given to the men who 
threw themselves into the breach to save the people's lands. During the whole 
vacation of Congress, the Hons. W. S. Rosecrans, of California, and Poindexter 
Dunn, of Arkansas, were in Washington, and never failed to interpose an objec- 
tion at the Interior Department, whenever the railroads attempted to take an 
advantage. Learning on June 5, 1883, that the Texas and Pacific were attempting, 
by a pretended deed of transfer, to get 14,309,760 acres of land, they, in connec- 
tion with Hon. T. R. Cobb, who was in the city that day, filed the following 

protest : 

Washington, D. C, June 5, 1883. 

Hon. H. M. Teller, Secretary of the Interior. 

Sir : We are informed that the Southern Pacific Railroad Companies of 
Arizona and New Mexico, claiming as assignees of the Texas Pacific Railroad 
Company, have filed, or contemplate filing at an early day, an application for the 
lands granted to the Texas Pacific Railroad Company by the act of March 3, 1871 
(U. S. Stat, at large, Vol. 16, page 573), as amended by the act of May 2, 1872 (U. 
S. Stat, at large, Vol. 17, page 59). 

As you are probably aware, the Judiciary Committee of the House of Repre- 
sentatives of the 47th Congress, on the 3d of August, 1882, with but one dissenting 
vote, declared these lands forfeited. But for the fact that almost the entire time of 
the succeeding session was taken up in the discussion of revenue measures, there is 
little doubt that this resolution would have passed. 

Again we would call to your attention that an effort was made to consolidate 
these roads in the last session of Congress, bills for that purpose being introduced 
in both houses, so that a shadow of title might be acquired by the Southern Pacific 
Companies. The bill was never called up in the Senate and was twice defeated in 
the House, first on the 11th of January, and again on the 2d of March of this year, 
by a most decided vote. 

In consideration of these facts, and of the probabilities that immediately upon 
the issuance of certificates for said land, the same will be mortgaged for the issu- 
ance of land bonds, that innocent purchasers may be brought in, we protest against 
any action on your part looking to the issuance of certificates to said Southern 
Pacific Companies, or to any other company claiming under the acts previously 
alluded to. We also desire that a certified copy of all papers now in your office, 
or that may be filed by any company or persons, in relation to the said lands, be 
furnished us. (Signed) W. S. Rosecrans, Cal. 

T. R, Cobb, Ind. 
Poindexter Dunn, Ark. 

This action on their part stopped all proceedings, and when Congress met the 
House, by a vote of 260 ayes to 1 nay, passed a bill to forfeit this grant. On the 
same day these same gentlemen filed a similar protest on the "Blackbone" grant. 
We now come to the meeting of the 48th Congress (House Democratic), and we 
will see what they have done. The committees were not announced till just before 
the holidays. Yet we find a record of the following prompt action on the part of 
the Public Lands committees. On January 31, 1884, Mr. Cobb, as chairman of the 



THE OVERTHROW OF MONOPOLIES. 



197 



Public Lands, asked the House to take up and pass House bill 3520, declaring for- 
feited certain lands granted to States in aid of railroads. The bill passed by a viva 
voce vote, and thus between five and six million acres of land, so far as the House 
of the 48th Congress was concerned, were saved. But this day was to witness a 
still greater triumph, The next bill taken up was House bill 3933, to declare a 
forfeiture of lands granted to the Texas Pacific Railroad. The House, by a vote 
of 260 ayes to 1 nay, passed this bill, and 14,309,760 acres of land more was saved, 
so far as the House of the 48th Congress could save. 

Estimated Disposition of the Public Domain to June 30, 1880, June 30, 1882, and 

June 30, 1883, 
The amount disposed of up to June 30, 1883, is about 620,000,000 acres. 



Cash sales, which include pre-emption, 
etc., and probably 30,000,000 or more 
acres accounted for under other acts 
and commutation of homesteads, from 
the establishment of land system to 
June 30, 1880 

Donation acts — Florida, Oregon, Wash- 
ington, and New Mexico 

Land Bounties— Military and Naval 
service 

State selections (Act 1841) for internal 
improvement 

Salines (salt springs) granted to States . . . 

Town sites and county seats 

Railroad land grants patented 

Canal grants 

Military wagon-road grants 

Mineral lands sold since 1866 

Homesteads, 3,000,000 (estimated) acres 
of which have been commuted and 
carried into cash sales 

Scrips enumerated 

Coal lands 

Stone and timber acts of 1878 

Swamp and overflowed lands selected and 
patented to States 

Graduation act of 1854 

Schools, Seminaries and Agricultural 
Colleges : 
16" and 36" sections for 

schools 67,893,919 

Seminaries and universities. 1,165,520 
Agricultural colleges — Land 

in place 1,770,000 

Agricultural colleges— Land 
scrip 7,830,000 



Estimated Disposition under Various 
Laws to— 



I 

June 30, 1880. June 30, 1882. | June 30, 1883. 



Area held under timber-culture act 
Desert land act .♦. 



Acres. 

547,754,483 



169,832,564 

3,084,797 

61,028,430 

7,806,554 

559,965 

148,916 

45,650,026 

4,424,073 

1,301,040 

148,621 



55,667,044 

2,778,622 
10,750 
20,782 

69,206,522 
25,696,419 



78,659,439 

9,346,660 

897,160 



Acres. 

572,957,047 



173,000,000 

3,117,401 

61,028,430 

7,806,554 

559,965 

162,794 

46,526,823 

4,424,073 

1,301,040 

194,970 



67,043,189 
2,893,034 , 
24,560 
159,008 ! 

70,006,769 ! 

25,696,419 



78,659,439 

13,657,146 

1.170,675 



Acres. 
591,987,814 



175,000,000 

3,121,534 

61,064,150 

7,806,554 

559,965 

167,871 

47,004,043 

4,424,073 

1,741,897 

224,483 



75215,164 

2,949,113 

40,172 

456,743 

70,445,957 
25,696,419 



78.S89.839 
16,768,076 

1,607.310 



198 THE OVERTHROW OF MONOPOLIES. 

The Action of tl\e Forty-eighth Congress. 

; ~ ^The House of Representatives of the Forty-eighth Congress recognizing the 
importance of declaring forfeited unearned land grants, went promptly to work 
under the ahle and vigilant lead of Hon. T. R. Cobb, of Indiana, chairman of the 
Committee on Public Lands. 

January 21, 1884, Mr. Holman submitted the following resolution, which was 
agreed to : 

Resolved, That in the judgment of this House all the public lands heretofore granted 
toj'States and corporations to aid in the construction of railroads, so far as the same are 
now subject to forfeiture by reason of the non-fulfillment of the conditions on which the 
grants were made, ought to be declared forfeited to the United States and restored to 
the public domain. 

Resolved, That it is of the highest public interest that the laws touching the public 
lands should be so framed and administered as to ultimately secure freehold therein to the 
greatest number of citizens ; and to that end all laws facilitating speculation in the pub- 
lic lands or authorizing or permitting the entry or purchase thereof in large bodies ought 
to be repealed, and all of the public lands adapted to agriculture (subject to bounty grants 
and those in aid of education) ought to be reserved for the benefit of actual and bona fide 
settlers, and disposed of under the provisions of the homestead laws only. 

Resolved, That the Committee on the Public Lands is hereby instructed to report to the 
House bills to carry into effect the views expressed in the foregoing resolutions ; that 
said committee shall be authorized to report such bills at any time, subject only to 
revenue and appropriation bills ; and the same shall in like order be entitled to considera- 
tion. 

History of the Land. Grant Bills. 

H. R. 3,520. Declaring forfeited certain grants of lands made to certain States 
to aid in the construction of railroads. 

In the House, passed January 31, 1884, without a record vote. 

In the Senate, received February 4, reported from Committee on Public Lands, 
amendment, June 30. No vote taken. 

Mr. Cobb stated the purpose of the bill in the following words ; 

Mr. Cobb — As I was about saying, Mr. Speaker, none of these roads have been com- 
pleted, none ot them begun. Their grants simply stand in their name without any work 
whatever having been done upon the roads which these grants contemplated. I do not 
deem it necessary, therefore, to take up the time of the House in discussing in detail any 
of these grants. It is a mere question of policy now whether the grants shall be forfeited 
in view of the failure of the companies to construct the roads or not. 

Under a decision of the Supreme Court in a similar case, although all of these grants 
contained the condition that in case the railroads are not completed in ten .years from 
the date of the grant that at the end of that period the lands shall revert to the Govern- 
ment of the United States, under the decision of the Supreme Court of the United States 
in the case of Shulenburg vs. Herriman it has been held that these were grants in 
prcesenti and carry the legal title to the States to which they are made or to the railroad 
companies. That being so, the committee deemed it right and proper that there should 
be a declararion upon the part of the legislative department of the Government creating 
these grants declaring a forfeiture and restoring the lands to the public domain, reserving, 
as you will perceive by the bill, the rights of settlers, homesteaders, etc., made in good 
faith. None of these lands in any of these grants have been sold. In the case of the 
State of Alabama I believe one of these grants was not accepted at all. As to the other 
grants, no corporations were organized for the purpose of accepting them. This is about 
the substance of the facts in the case, and, as I have said, it seems scarcely necessary to 
detain the House longer. The expression of the House and the feeling, I take it, is such 
that if this was an original proposition to grant these lands to these States for the benefit 
of railroad corporations in constructing their roads, they would not be granted at all. 

The only question is whether we will allow these grants to remain that were made 
twenty -seven years ago, seventeen years having expired since the expiration of the time 
then the grant contemplated the completion of the various lines of road. I do not 
believe the House will entertain for a moment the idea of continuing these grants 
longer. % 



THE OVERTHROW OF MONOPOLIES. 199 

H. R. 3933. To declare forfeited lands granted to the Texas and Pacific 
E, R. Co. 

Passed House January 31, 1884. 

Yeas. 260 ; nay, 1. 

In the Senate, Feb. 4, received and referred to the Committee on Public Lands. 
March 7, reported with no amendment. No vote taken. 

The report is here given in full : 

The Committee on Public Lands, to whom was referred certain bills relating to the grant 
o f lands in aid of the Texas and Pacific Railway Company, having had the same 
under consideration, make the following report : 

Your committee have given this case careful attention and earnest consideration, not 
only on account of the magnitude of the interests involved, but because this was the first 
grant considered by the committee where serious opposition was made to the proposal to 
'declare forfeiture of the grant for breach of the condition on which it was made, in which 
several legal questions were presented at the outset and earnestly argued by eminent 
counsel, questions which are common to all the cases of lapsed grants pending before the 
committee, first among them being the question of the power of Congress to interfere in 
.any event ; so your committee have carefully examined the whole matter before recom- 
mending what they do, viz., that the accompanying bill be passed, declaring the grant 
forfeited for breach of the condition on which it was made, restoring the lands to the 
public domain for sale and settlement under existing law, and protecting the rights of 
settlers and claimants under the Government. We find the facts deemed essential to be 
as follows : 

The Texas Pacific Railroad Company was incorporated by act of Congress approved 
March 3, 187 1 (16 Statutes at Large, page 573). By section 1 of that act the route was 
defined and described as follows : 

"From a point at or near Marshall, county of Harrison, State of Texas ; thence by 
the most direct and eligible route, to be determined by said company, near the thirty- 
second parallel of north latitude, to a point at or near El Paso ; thence by the most direct 
and eligible route, to be selected by said company, through New Mexico and Arizona, to 
a point on the Rio Colorado at or near the southeastern boundary of the State of Califor- 
nia ; thence by the most direct and eligible route to San Diego, Cal., to Ship's Channel, 
in the bay of San Diego, in the State of California, pursuing in the location thereof, as 
near as may be, the thirty-second parallel of north latitude. " 

Section 23 provides : 

" That for the purpose of connecting the Texas Pacific Railroad with the city of San 
Francisco, the Southern Pacific Railroad Company of California is hereby authorized 
(subject to the laws of California) to construct a line of railroad from a point at or near 
Tehachapa Pass, by way of Los Angeles, to the Texas Pacific Railroad at or near the 
Colorado river, with the same rights", grants, and privileges, and subject to the same 
limitations, restrictions, and conditions as were granted to said Southern Pacific Railroad 
-Company of California by the act of July 27, 1866. " 

Section 9 provides for a land grant which, as described by the Secretary of the Inte- 
rior, Ex. Doc. 144, Forty-seventh Congress, first session, is— 

"A grant of every alternate section of public land, not mineral, designated by odd 
numbers, to the amount of twenty alternate sections per mile on each side of the line as 
adopted by the company through the Territories of the United States, and ten alternate 
sections per mile on each side of the line in California. Exception is made of lands sold, 
reserved, or otherwise disposed of, and lands to which a pre-emption or homestead claim 
may have attached at the time the line of the road is definitely fixed. " 

"Indemnity is provided for lands thus lost to the grant out of alternate odd-num- 
bered sections not more than ten miles from the limits of the sections granted. Provi>ion 
is also made for indemnity for lands lost by reason of the near approach of the line of 
the road to the boundary of Mexico, and also for mineral lands excluded from the grant 
out of odd-numbered sections nearest the line of the road. " 

Section 17 of the act required the company to commence the construction of the road 
simultaneously at San Diego, Cal., and at a point at or near Marshall, Tex., and prose- 
cute the work so that the entire road should be constructed within ten years after the 
passage of the act. 

By the act of May 2, 1872, however, the time for the construction and completion of 
the road was extended to May 2, 1882, and the title of the company changed to the 
Texas and Pacific Railway Company. 



2C0 THE OVERTHROW OF MONOPOLIES. 

Section 4 of the act is as follows : 

" That the said Texas Pacific Railroad Company shall have power and lawful au- 
thority to purchase the stock, land grants, franchises, and appurtenances of, and consoli- 
date on such terms as may be agreed upon between the parties with, any railroad com- 
pany or companies heretofore chartered by Congressional, State, or Territorial authority 
on the route prescribed in the first section in this ac f , but no such consolidation shall be 
■with any competing line of railroads to the Pacific Ocean. " 

Section 5 reads : 

"That die said company shall have power and authority to make running arrange- 
ments with any railroad company or companies heretofore chartered or that may be here- 
after chartered by Congressional, State, or Territorial authority ; also to purchase lands, 
or to accept donations or grants of lands or other property irom States or individuals, for 
the purpose of aiding in carrying out the objects of this company. " 

Section 6 reads : 

" That the rights, lands, land grants, franchises, privileges, and appurtenances, and 
property of every description belonging to each of the purchased or consolidated railroad 
company or companies, as herein provided, shall vest in and become absolutely the prop- 
erty of the Texas Pacific Railroad Company: Provided, That in all contracts made and 
entered into by said company with any and all other railroad company or companies, to 
perfect such aforesaid consolidation or purchase, the indebtedness or other legal obliga- 
tions of said company or companies shall be assumed by the said Texas Pacific Railroad 
Company, as may be agreed upon, and no such consolidation or purchase shall impair any 
lien which may exist on any of the railroads so consolidated or purchased ; but said com- 
pany shall not assume the debts or obligations of any company with which it may con- 
solidate or purchase as aforesaid to an amount greater than the cash value of the assets 
received from the same. " 

Section 15 provides : 

" That all railroads constructed, or that maybe hereafter constructed, to intersect 
said Texas Pacific Railroad shall have the right to connect with that line ;" 
that no discriminations shall be made, etc. 

Section 18 provides for the appointment of a commission to examine the road as con- 
structed, and for a report to the President for approval, preliminary to the issue of 
patents for the land. 

Section 23 reads : 

"That for the purpose of connecting the Texas Pacific Railroad with the City of San. 
Francisco, the Southern Pacific Railroad Company of California is hereby authoiized 
(subject to the laws of California) to construct a line of railroad from a point at or near 
Tehatchapa Pass, by way of Los Angeles, to the Texas Pacific Railroad, at or near the 
Colorado River, with the same rights, grants, and privileges, and subject to the same 
limitations, restrictions, and conditions as were granted to the said Southern Pacific 
Railroad Company of California by the act of July 27, 1866 : Provided, however, That 
this section shall in no way affect or impair the rights, present or prospective, of the 
Atlantic and Pacific Railroad Company, or any other railroad. '' 

Pending the construction of the railroad of the Texas Pacific Railroad, the Southern 
Pacific Railroad Company of Arizona, and the Southern Pacific Railroad Company of 
New Mexico were chartered by the legislatures of those Territories respectively, tjpe objects 
of these corporations being to construct a line of railroad from a point (Yuma) on the 
the Colorado River (which was the proposed point of junction of the Southern Pacific 
Railroad of California with the Texas Pacific Railroad) eastwardly to Texas, and practi- 
cally along the line of the thirty-second parallel of north latitude, substantially identical 
with the route proposed by the Texas Pacific from El Paso (on the line between Texas 
and New Mexico) westwardly to Yuma. 

These two corporations last named, it should perhaps be stated, are practically iden- 
tical with the Southern Pacific of California, all three forming, 111 fact, one corporation — 
the Southern Pacific Railroad Company. This is believed to be all the legislation 
necessary to be noticed in connection with the question in hand. 

Work was begun by the Texas Pacific company at Marshall, in Texas, and by the 
Southern Pacific company m California, the latter progressing toward the point of junc- 
tion as proposed, Yuma, and the former westwardly toward El Paso, on its line by that 
point toward Yuma. It is enough to say that when the Southern Pacific reached Yuma, 
about April, 1877, tne Texas Pacific had its line in Texas only completed to Fort Worth, 
distant some 1,200 miles from Yuma. 

The delay in its construction seems to have been caused by the great depression in 
monetary matters following the panic of 1873, anc ^ the inability of the managers of the 
enterprise (headed then by Mr. Thomas Scott) to sell the bonds of the company to realize 
funds for the prosecution of the work. 



THE OVERTHROW OF MONOPOLIES. 201 

Mr. Scott then came to Congress for relief, asking in substance that the Government 
guarantee the interest on a large amount of bonds which he proposed to issue, and 
asserting that it would be impossible for his company to complete the work on which it 
had entered and give the country a through line of competing road to the Pacific coast, as 
was contemplated by the act of 187 1, unless this additional aid (which he claimed was 
really only a loan of credit) was given. 

Then began the struggle between these two corporations, which continued until 
November, 1S81, until it was ended by a contract between the Southern Pacific Company 
and the Texas and Pacific Company, then represented by Mr. Jay Gould, who had suc- 
ceeded Mr. Scott as the head of the last-named corporation. 

For reasons whieh will be apparent later in this report, your committee deem it very 
'essential to keep in mind the relations which these companies sustained toward each other 
during the period construction was progressing of the road of each, and to remember that 
the clearly expressed intention on the part of Congress in the act making this grant was 
to provide for a competing through line of railroad from the Mississippi to the Pacific 
•Ocean, and that San Diego was to be the western terminus. At that time the position of 
the only through transcontinental line of transportation owned by the Central Pacific and 
the Union Pacific companies was well understood by the people and tbeir representatives 
in Congress. 

The Congress had in the charters to these two corporations given them bounties to 
aid in the construction of their roads most prodigal in their extravagance, but the enter- 
prise of building a transcontinental line of railroad was believed to be necessary for a 
proper defense of the country in time of war, as well as for the proper transaction of 
business between the East and West. 

The events are too recent to need recital here of the monumental fraud, treachery, 
and depredation committed by these corporations upon the public. 

The managers of these two corporations procured in 1864 the passage of an act sacri- 
ficing every interest of the people that was protected by the acts incorporating them. 

The second mortgages of the companies, aggregating over sixty-four millions of dol- 
lars, were made a prior lien over the lien of the Government for its claim of about the 
same amount, and the first lien of the Government made second. Indeed, as was said 
in debate on the bill, nothing that the ingenuity of man could invent for their benefit was 
withheld. 

Consolidation from ocean to ocean was expressly permitted, and the result was what 
we have all witnessed, and as a people we have experienced. 

As soon as the civil war closed the old project of a Southern trans-continental route 
was revived, and it was favored by many of the statesmen of that period on the ground 
that it would aid the South in recuperating, and it was only just, as the North had had 
the benefit of the immense grants and enormous aids given to the other companies ; and 
above all it was plausibly and properly argued that the construction of a rival compet- 
ing through line along the 32d parallel to San Diego would remedy the monopolistic 
evils so apparent as to freight and passenger tariffs over the Central and Union Pacific 
roads. 

The new route was called the " open highway," and, under the leadership and man- 
agement of General Fremont, the new enterprise, known as the Memphis and El Paso, 
was put on its feet. 

It received immense grants of land in Texas from the legislature (the United States 
having no public lands in that state) ; was encouraged by Congress, and was prospering 
well, until, in the attempt to secure the investment of foreign capital in the enterprise, 
General Fremont was arrested on a charge of fraud in Paris. 

This brought the scheme to an end apparently, until Mr. Scott, of the Pennsylvania 
Railroad, was induced to interest himself in the plan. To give, the enterprise the 
appearance of a new project, and divested of the odium attaching to the ignominious 
failure of the old one, the name of Memphis and El Paso was abandoned and that of the 
Texas and Pacific adopted. All the land grants made by Texas to the Memphis and El 
Paso were transferred to the Texas Pacific ; the citizens of San Diego made large valua- 
ble donations of lands and property to the new company for terminal facilities, and the 
assistance of Congress secured by the passage of the act of 187 1 making this grant, to aid 
the "open highway"; to secure a "through competing line " to San Diego, and to 
prevent, as far as it seemed possible to do so, any arrangement or contract of purchase or 
sale or consolidation with any competing line of railroads to the Pacific Ocean (sections 4 
and 5). 

So these two ideas are clearly apparent : that Congress intended to authorize this 
special enterprise to act in the construction of its proposed road to San Diego, which road 
was to be a competitive line with the Central and Union to the Pacific Ocean, and care- 
fully guarded against the loss of the identity of the corporation it was creating by provid- 



202 THE OVERTHROW OF MONOPOLIES. 

ing that all purchases, consolidation, property rights acquired, etc. , should be the prop- 
erty of the Texas Pacific Company (section 6). 

This was the condition of affairs when Mr. Scott became interested in the enterprise, 
and so continued until the panic of 1873, when active work in Texas was suspended for 
lack of necessary means. 

We all remember that for a time investors could not be induced to embark in the 
most promising of schemes of railroad building after the great disaster to the Northern 
Pacific. 

So Mr. Scott came to Congress and urged, as an act of justice to a great enterprise, 
in the interest of a healthy competition, a guarantee of the interest only on the bonds of 
his company. 

This appeal of Mr. Scott to the Forty-fifth Congress met with sturdy, strenuous 
opposition by the Southern Pacific Railroad Company. 

That corporation, seeing the importance of the vast and increasing transcontinental 
traffic, and desirous of controlling it itself, commenced operations for securtng it by, first, 
defeaung the agent created by Congress to build the road, foreseeing that the difficulties 
under which the Texas Pacific was laboring were insurmountable unless the helping 
hand of Congress could be extended to it; second, by procuring the necessary authority 
to build east of Yuma, and then constructing its own road to the Mississippi Valley and 
the Gulf coast in Texas. 

It should be borne in mind that up to this time the Southern Pacific had no rights east 
of Yuma, on the west bank of the Colorado River, in California. The only authority it 
had from Congress was in the last section of the act of 187 1, to build a line of road from 
just above Los Angeles, Cal., to the Texas Pacific Railroad, at or near the Colorado 
River ; and, indeed, that is all the recognition Congress has ever given it. At Yuma the 
power of the Southern Pacific Company ceased, so far as Congress was concerned. 

How the Southern Pacific labored to defeat the Texas Pacific from securing the aid 
desired is best shown by a few extracts from letters written by Mr. Huntington, the 
principal manager of the Central Pacific, to Mr. Colton, the ostensible head of the Southern 
Pacific, which letters have become public in a litigation in California for a division of the 
vast profits arising from the consummation of this scheme. The authenticity of these 
letters has never been denied, and what they tend to or do prove will be noticed here- 
after. 

Just now the disclosures made by these letters are exceedingly opportune, and we 
insert a few of over three hundred of the same general character and tone. 

These are the specimen letters : 

(No. 1.) 

New York, November 17, 1874. 
Friend Colton : Yours of the 7th and 9th instant are received. I notice that you 
are yet on Luttrell's trail. I hope you will get some one to convince him that we are 
good fellows, and that should not be a hard thing to do, for I have no doubt of it myself. 
I notice what you say about getting control of the A. and P. franchise by getting a majority 
of the stock. My opinion is that a majority of that stock is in the hands of those that 
control the A. and P. and Texas P. You no doubt are aware that they went in with 
the Texas P. some two years ago, and that the two companies agreed to run the A. and 
P. down to meet the Texas P. somewhere in Texas, and then run one line through to the 
Pacific ; but will find out all I can and let you know. 

Yours, truly, C. P. HUNTINGTON. 

(No. 2. ) 

New York, November 28, 1874. 
Friend Colton : Yours of November 27 is received with inclosures. It certainly 
was a shabby thing in Vining to write such a letter. Towne wrote me and sent me a 
copy of the letter. I saw Dillon and he seemed very much offended at V. for writing it, 
and said nothing of the kind should happen again. I think I shall show your letter to 
Gould, but they are not our kind of people. I have sent out some copies of Tom 
Scott's bill as amended by me. Read it carefully and let me know what you think of 
it. Of course the San Diego people may not like it unless you agree to build a road 
from their place out to connect with our road, and you may think best to do that. // 
certainly is very important to S. F. that we build the S. P. into Arizona, and it would 
be well for you at once to write some letters for the influential men of S. F. to sign, to 
send to all our M. C. and Senators, to go for the bill as we want it ; and if you do not 
think it right as it is, fix it and send it back, but if we could get as it is I would be 
satisfied. Storrs says it will make Scott very mad, and he thought it best not to send it, 



THE OVERTHROW OF MONOPOLIES. 203 

and may be he is right ; but if Scott kicks at it, I propose to say to Congress " we will 
build east of the Colorado to meet the Texas P. without aid, and then see how many 
members will dare give him aid to do what we offered to do without. My only fear then 
would be the cry that the C. P. and the S. P. was all one and would be a vast monopoly, 
&c. , and that is what we must guard against, and that is one reason why you should be 
in Washington. I send copy of my letter to Scott on sending the bill ; he sent it for me 
to fix to suit me, The U. P. people are not yet ready to order steamers. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 3.) 

New York, November 20, 1874. 

Friend Colton: Herewith I send copy of bill that Tom Scott proposes to put through 
Congress this winter. Now I wish you would at once get as many of the associates to- 
gether as you can, and let me then know what you want. Scott sent me three copies 
fixed as he wants them, and asked me to help him pass them through Congress, and if I 
would not do it as he has fixed it, then he asked me to fix it so that I will, or in a way 
that I will support it. Now do attend to this at once, and in the meantime I will fix it 
here and see how near we are together when yours gets here. Scott is prepared to pay, 
or promises to pay, a large amount of money to pass his bill, but I do not think he can 
pass it, although I think this coming session of Congress will be composed of the hun- 
griest set of men that ever got together, and that the d only knows what they will 

do. But as Scott's bill proposes to give up the A. and P. land grant (the west end of it), 
I am not sure that it would not be as well to let the bill stand in that way, we stopping 
the Texas Pacific at the Colorado river. If we' ask to come this side of the Colorado it 
will be hard to stop the Texas P. from going west of it. I think the Texas P. or some 
of their friends will be likely to take the ground that the S. P. is controlled by the same 
parties that control the Central, and that there must be two separate corporations that 
run roads into San Francisco, and it will be very hard for us to make head against that 
argument, and I am disposed to think that Colton had better come over and spend a 
few weeks at least in Washington. Would it not be well for you to send some party 
down to Arizona to get a bill passed in the Territorial legislature granting the right to 
build a railroad east from the Colorado river (leaving the river near Fort Mohave), 
have the franchise free from taxation or its property, and so that the rates of fare and 
freights cannot be interfered with until the dividends on the common stock shall exceed 
10 per cent. ? I think that would be about as good as a land grant. It would not do to 
have it known that we had any interest in it, for the reason that it would cost us much 
more money to get such a bill through if it was known that it was for us ; and then Scott 
would fight it if he thought we had anything to do with it. If such a bill was passed I 
think there could at least be got from Congress a wide strip for right of way, machine 
shops, &c. 

Yours, truly, 

C. P. HUNTINGTON. 

(No. 4.) 

New York, December 10, 1874. 

Friend Colton: Your two letters of November 29th are received. The Texas Pa- 
cific bill, as amended by me, is on the way to California. As it is somewhat different 
in theory from your views, as set forth in your letter, I wdl not i-eply to you in detail 
before you receive the bill. I agree with you that there will no bill pass this ses- 
sion granting such aid as is asked for. I think we must add section to the bill as sent 
out that will allow, or may be compel us, to build a road to connect San Diego with 
our line. On account of this legislation I think it important that the S. P. should be dis- 
connected from the Central as much as it well can be. And, as you say, I think it 
should have a superintendent that does not connect with the C. P. , although I think it 
would be difficult to get another man as good as Towne. I agree with you fully when 
you say our telegraph superintendent is no good. I sent you on the Sth copy of my 
letter to Scott. I have just received his reply. I wdl have copy of it made and sent to 
you, also my reply befoie this goes, and will send them with this. This S. P. is an im- 
portant matter, and should be attended to at once. I am glad you are coming over. 
Yours, truly, 

C. P. HUNTINGTON. 



204 THE OVERTHROW OF MONOPOLIES. 

No. 5.) 

December 8, 1874. 
Dear Sir : — Herewith I hand you two copies of the proposed bill for your road, 
with such alterations as I want embodied therein. As i: is a hard time for building rail- 
roads just now, and as we are all interested in the construction of this road, I trust that 
these alterations will meet your approval, and that such arrangements will be made as 
will secure the early completion of the road. 
Trulv yours, 

C. P. HUNTINGTON. 

President. 
Hon. Thomas A. Scott, 

President Texas and Pacific Railway. Company, Philadelphia, Pa. 

(No. 6.) 

Texas and Pacific Railway Co. , ] 
Office of the President, >- 
Philadelphia, December 9, 1884. j 
My Dear Sir : I have your letter of December 8, and am sorry you took the 
trouble you have with our bill. We expect to build our road to San Diego, as already 
pledged to the public to do. We had hoped that it would be to your interest to connect 
with us at San Gorgonio Pass. Your suggestions are totally inadmissible, and I am 
rather surprised to have you make them after the many statements you have made to me 
in regard to this matter. 

Very truly, vours, 

THOMAS A. SCOTT, 

President. 
C. P. Huntington, Esq. , 

Vice-President, New York. 

(No. 7 .) 

New \ ork, January 17, 1875. 
Friend Colton : * * * I have received several letters and telegrams from 
Washington to-day, all calling me there, as Scott will certainly pass his Texas Pacific 
bill if I do not come over, and I shall go over to-night, but I think he could not pass his 
bill if I should help him ; but of course I cannot know this for certain, and just what 
effort to make against him is what troubles me. It costs money to fix things so that I 
would know his bill would not pass. I believe with $200,000 I can pass our bill, but 
I take it that it is not worth that much to us. 
Yours trulv, 

C. P. HUNTINGTON. 

(No. 8. ) 

New York, March 25, 1875. 
Friend Colton: Your telegram in relation to passenger coaches is received and is 
having attention. Tom Scott has gone, or is going very soon, over the Texas Pacific 
road, and so on into Mexico, and I hear of several prominent parties going to Mexico 
with him. He has commenced to get up his Texas Pacific connected with some Mexican 
scheme, and I have no doubt but that he will be before Congress next winter in great 
force, but we ought to be in condition to at least keep him this side of the Colorado 
river. I have been at work considerable of the time since you left getting up pamphlet 
in relation to the S. P. , giving many reasons why the bonds should be very good, and I 
think after you have read the book you will take some of the securities. Colburn is 
putting the facts in a readable shape. I find him to be a very valuable man. Cannot 
you do something to bring up the gross earnings of the S. P. ? They are very small for 
so much i-oad as is being operated. I think that road should have a first class 
superintendent. I send with this copy of B. S. Manufacturing Company letter in 
relation to curtains for sleeping' car. 
Yours truly, 

C. P. HUNTINGTON. 

(No. 9. ) 

New York, April 7th, 1875. 

Friend Colton : Your three letters of April 27th and one of 28th, Nos. 23, 24, 25, 

and 26, are received. I read your letter No. 25 where it refers to matter here with much 

satisfaction, as it shows that you understand the whole situation between P. M., O. 

and O. and U. P. and C.P. Any one fully understanding the position of the different 



THE OVERTHROW OF MONOPOLIES. 205 

companies would see at a glance that the C. P. is not entirely master of the situation, but 
I am very well satisfied that if we hold steadily to our purposes and not strain our credit 
too much we shall finally beat all the wild speculators like Jones and Gould. If I 
mistake not Jones is a small gun compared with Gould. I have set matters to work in 
the South that I think will switch most of the South off from Tom. Scott's Texas and 
Pacific bill. I am having articles written and set afloat in the papers here about O. and 
O. C.Co., and they make the rounds by being recopied, and asit'costs nothing it is a 
cheap way of advertising. I am also having articles written and published as though 
written in the places where we buy cars and locomotives, etc., for the S. P. It gives the 
S. P. some notority without cost. I notice what you say of C. B. stock. If you will read 
my letters to Stanford, Nos. 510, 521,529, and some others that I do not recollect numbers 
of, you will have my views. I am often asked by my associates in California about my 
views in the matters that I have written to the others of, and allow me to say that all 
letters that I number consecutively I have supposed would be read by all, and then 
go into the basket together. As to more fifty-pound steel or iron rails, I must say 
that at the present outlook it seems to me that we have as many contracted for as it is 
safe to have when we include the cost of buying them. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 10.) 

New York, May 8th, 1875. 
Friend Colton : Yours of 29th April, No. 28, was received. I send with this 
receipted bill of the six coaches bought of Gilbert, Brush & Co. All the material that I 
buy here is paid for by the Central Pacific. Some of it, like these coaches, I know are 
for the S. P., but just whether they are to be charged to the S. P. or the Western 
Development Company I do not know. Then some other things — say rails — I do not 
know whether they will go on to the S.P., or not, and you will see the necessity of 
watching the material as it arrives out, and see that it is charged to the proper company, 
and when material is ordered if you would let me know to or for what company, I would 
then see that it was charged here to the proper party. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 11.) 

New York, May 28, 1875. 
Friend Colton : Yours of the 20th is received with newspaper clippings. I do not 
think Booth made many votes by his Grand Hotel speech. The Governor said — Gov- 
ernor S. — some good things to the Chronicle interviewer ; but I think it unfortunate 
that he should so closely connect the C. P. with the S. P. , as that is the only weapon our 
enemies have to fight us with in Congress. 



Yours, truly, 



C. P. HUNTINGTON, 
(No. 12.) 



New York, September 15, 1875. 
Friend Colton : Scott is stirring up the South on his Texas Pacific. Parties are 
sending me papers every day — some for him, Some against him. I have written three 
letters to-day to different parties in the South on T. P. R. R. matters. I think it is of 
much importance that we have some rights in Arizona, and if you could get them I 
think you should do so at once. You know my views, and I had a long talk with 
Gage on the matter, and if we could get two franchises to run through the State I think 
we should do so at once. We should not be known in it, but should be sure that we 
have the control, in black and white, before they become a law. I will* write again in 
a few days. Somehow I have not got my ideas in line yet. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 13.) 

New York, September iS, 1S75. 
Friend Colton: Scott is doing all that he possibly can to help him in the passage of 
his Texas Pacific bill through the next Congress. Scott gets parties to write letters and 
has them published in the Southern papers. I send one witli this as sample. This, as 
you will see, was written by G. T. Beauregard to Senator Gordon, of Atlanta. Ga, 
He is making the old fight over again — that it is the Central Pacific that is fighting him 
in this, and that they (the C. P. ) do not intend to let the South have a road if they can 



208 THE OVERTHROW OF MONOPOLIES. 

help it. Our people in California made a great mistake when they undone what we 
done last winter to separate these two interests. But I see no way to help it, so we must 
make the fight under this disadvantage. Simonton has lost much here in his fight 
against Ralston, and I should not be snrprised if he lost his position with the Associated 
Press. 

Yours, truly, 

C. P. HUNTINGTON. 

P. S. —Of course I hold that Colton and his friends hold the S. P. Co. 

H. 

(HO 

New York, September 27, 1875. 
Friend Colton : Yours of the 18th with inclosure, as stated, is received. You 
must be very busy with all your associates out of the city. I notice by McCarthy's 
letter to Mi. Crocker that the people of San Diego will join with us if he will agree to 
to build east from their city, and I am inclined to think we had better do that, as that 
would strengthen Wigginton very much to have his people ask him to fight for a bill as 
we want it. Scott is making the strongest possible effort to pass his bill the coming 
session of Congress. He gets every little gathering in the South to pass resolutions favor- 
ing the Texas Pacific bill, then those that the Texas Pacific owes name is legion, and, of 
course, they are all for it ; then he is promising a connection with all the broken-down 
roads in the South, with a promise of money to help them all if his bill passes, and by 
some kind of a turn he is settling up with all those that hold him personally, and that is 
to help him, as it makes his promises worth something with the broken-down fellows that 
he is agreeing to help. If we had a franchise to build a road or two roads through Ari- 
zona (we controlling, but having it in the name of another party) then have some party 
in Washington to make a local fight and asking for the guarantee of their bonds by the 
United States, and if that could not be obtained, offering to build the road without any 
aid, it could be used against Scott in such a way that I do not believe any politician 
would dare vote for it. Cannot you have Safford call the Legislature together and grant 
such charters as we want at a cost of say $25,000 ? If we could get such a charter as I 
spoke to you of it would be worth much money to us. If there is anything done it must 
be done quickly. I am very sorry that Sargent is feeling so hard towards us, but I 
shall endeavor to see him before Congress meets. I have bought the tunnel bolts at 
three and a half currency instead of nine cents gold, as was being paid by Mr. Crocker 
when I was in California. I think money is too cheap with you all in California, and 
that we can be beat in building railroads by those that place more value on a dollar than 
we do, and I think when any one of us goes to the front in a car that weighs say twenty 
tons, it adds to the cost of every mile of road that we build thereafter more than $100 per 
mile. I wish you would let me know who ordered the officers' car that is now running 
on the S. P. Please let me know what the new transfer-boat cost. 
Yours, truly, 

C. P. HUNTINGTON. 



(No. 15.) 

New York, October 4, 1875. 
Friend Colton : Yours of the 23d and 25th of September, Nos. 68 and 69, are 
received. I expect to go to Washington next week and I will look into the matter of 
which you write. That matter of directors has been talked of by the U. P. people and 
others for some years, and I should not be surprised if the Texas Pacific (Tom Scott's) 
should annoy us in that way if he could. Sam. Morton was just in and says that he 
obtained a judgment a few days since against Fremont's old road that was consolidated 
with the Texas Pacific for $23,000, and that there is other claims against it that Tom 
Scott promised to pay ; and Morton says he has applied for a receiver and is sure to get 
it in less than ten days if Scott does not pay him his money. I hear something every 
day of what Scott is doing in the South for his Texas Pacific. I cannot believe that he 
will get through ; but one of our weak points will be having no rights in Arizona under 
which we can build roads. I am glad to hear that you are getting our finances in a 
better condition than they have been, and hope with you that you will pay our old friend 
Cohen what we owe him. Nothing new here. Our matters moving about as usual. 
Yours, truly, 

C. P. HUNTINGTON. 



THE OVERTHROW OF MONOPOLIES. 207 

(No. 16.) 

New York, October 9, 1875. 
Friend Colton : * * * It seems to me that we can as well protect the Central 
by carrying the Mohave branch of the S. P. out 700 or 800 miles from San Francisco, 
as though we went to Salt Lake, and if we have to build as far east as Salt Lake it 
should be on some line farther south, where we could connect with something more 
agreeable than the U. P. I think it very important that we have two franchises to run 
from the Colorado River through Arizona to the east line of the Territory. Such ones 
as those I spoke to you of would be very valuable to us. I suppose they would cost less 
to have other parties than ourselves stand at the front while they are being obtained — 
that is, if they should be free from taxation and interference with the fares and freight 
rates. But then after the charters were obtained I think they would serve us best to have 
if known that they were controlled by the S. P. I am endeavoring to get a combination 
of interests to build a road from New Orleans to El Paso. I had one party in to-day 
largely interested in a road on that line running west from New Orleans into Texas (it 
was El Van Hoffman), and he asked me what right we had to build roads in Arizona. I 
told him I did not know, but I had no doubt we could get the right if we had not got it. 
Please let me know how you would build in the Territory at this time if you wished to 
do so. I received a letter to-day from Washington. It-stated that Scott was there a 
few days ago, and talked very loud about Texas P. Thar he should surely pass his bill 
the coming session of Congress. 
Yours, truly, 

C.P.HUNTINGTON. » 

(No. 17.) 

New York, October 18, 1875. 
Friend Colton : * * * In your interesting letter of the 5th you mention San 
Diego matters. Now, it is well to switch that people from the Texas Pacific road ; but 
I would suggest that you keep on asking them what they will do, but not make them, 
any definite proposition, for if you do it will be sent East at once, and I am working 
with the South and saying to them (and getting some good articles published) that our 
interest lays with them ; that what San Francisco and California wants is a direct con- 
nection with New Orleans- and other Gulf ports, and that our interest lays that way, and 
we oppose the Texas Pacific because we think if it is built it will prevent for many years 
our getting such a connection, and I have not had any talk with the Atlantic and 
Pacific for the above reasons. You are mistaken about the directors' car on the S. P. 
It was built before I was president, and was on the road before I knew anything about 
it. I was making no particular objection to it, but I thought I would kind of like to 
know how it came on the road. I am glad to learn, as I do by yours of the 7th, that you 
are settling for east-bound business m California with P. M. S. S. Co. , for they are 

the to do anything with here. As to Oregon matters, we had best keep them with 

us as long as we can, and I have sometimes thought it would be well to tell them what 
we would do, as the N. P. people are again in the field, but they will not be likely to 
hurt any one for some time, unless some fellow should lend them some money ; then 
that fellow no doubt would get hurt. 



Yours truly, 



C. P. HUNTINGTON. 
(No. 18. ) 



New York, November 10, 1875. 
Friend Colton : Yours of October 23, 1875, No. 85, is before me. Dr. Gwin is also 
here. I think the doctor can do us some good if he can work under cover, but if he is 
to come to the surface as our man I think it would be better that he should not come, as 
he is very obnoxious to very many on the Republican side of the House, and then there 
is so many things about our business that he does not know, and he has not the time to 
learn it before Congress comes and goes. It was very unfortunate that he came over in 
directors' car with Mr. Crocker. I received a letter to-day from a party in Massachu- 
setts that said that Gorham and Sargent were very much offended because Gwin was. or 
rather had, come over to look after our interest in Washington. 1 am, however, disposed 
to think that Gwin can do us some good, but not as our agent, but as an anti-subsidy 
Democrat, and also as a Southern man with much influence in the South in showing the 
Southern people that the Texas and Pacific R. R.is in no way a Southern Pacific road. 
but a road, if built by the Government, would prevent the Southern States from having a 
road to the Pacific for many years. But Gwin must not be known as our man. * * * 
Yours, etc., C. P. H. 



208 THE OVERTHROW OF MONOPOLIES. 

(No. 19. ) 

New York, November 13, 1875. 
Friend Colton : Your dispatch that you had sent $200,000 gold is received. Dr. 
Gwin left for the South yesterday. I think he can do us considerable good if he sticks 
for hard money and anti-subsidy schemes, but if it was understood by the public that 
he was here in our interest it would no doubt hurt us. When he left I told him he 
must not write to me, but when he wanted I should know his whereabouts, etc. , to 
wi-ite to R. T. Colburn, of Elizabeth, N. J. I have had several interviews with the 
Houston and Texas Central Railroad people. This road is built from Galveston to 
Austin, and is the only live road in Texas. It has a land grant to the west line of the 
State (Texas) of 4,769,280 acres. It is owned by William E. Dodge, Moses Taylor, W. 
M. Rice, and other strong men of this city. I saw Dodge a few days since with the view 
of having them build to El Paso, and we build to that point to meet them. He said he 
thought they would do it. He said he was opposed to the Government granting any aid 
to his or an}' other road. D. has been sick ever since I saw him, so I went to-day and 
saw Moses Taylor. He said he liked the idea, and that he would talk it up with his 
people, etc. There will be no Government aid granted this session, and if we can get 
the H. and T. Central to stand in with us and offer to build a line through, we build to 
El Paso from the west and they from the east, I think Scott's fish will be cooked. Budd 
is doing good work in the Gulfctates. Has the 70 shares of glass stock been got in ? 
Plow are you progressing with the machine-shop grounds ? I borrowed yesterday 
$100,000 easy for 4, 5, and 6 months at 7 per cent. No commission.- I think I shall 
tak_e up some 12 months' paper at 12 per cent. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 20. ) 

New York, November 23, 1875. 
Friend Colton : Yours of the 13th. No. 95, is received, and I am glad that you see 
your way clear to send me $1,500,000 for interest before the 1st of January, as our 
payments are very large in December, and this fight with the Texas Pacific will hurt 
us to the utmost that they can in the way of all kinds of false reports. They of course 
will have some friends in Congress. They will offer resolutions to investigate us, 
stating that we have forfeited our charter, etc. I was told a few days ago that Scott 
said he would make us let go of his Texas Pacific. The South are getting very much in 
earnest in their opposition to Scott's project. I get papers from the South almost every 
day pitching into him. I have not heard from Gwin since he left. 
Yours, truly, 

C. P. HUNTINGTON. 
(No. 21. ) 

New York, November 24, 1875. 
Friend Colton: Your dispatch of the 22d, advising of the sending of another 
$100,000 in gold, is received. Colonel Morton, whom you no doubt will recollect, was 
in the office to-day, and said he had had a long conference with Bond, V.-P. of the 
Texas Pacific road, and Morton said some one asked him to find out what I wanted. 
I said to M. that I did not think the S. P. had any proposition to make; that if the 
Texas P. had any to make it would be considered, but it was my opinion that no subsidy 
bill could pass Congress this session, if all the railroads in the country were working for 
it. I think we shall hear from them again. Do we want to help the bill, even if we 
were allowed to go to El Paso by the act if it should pass ? Crocker was in the office 
to-day, and I spoke to him about the S. P. sending me a special power of attorney to 
act for the S. P. before Congress and make any proposition to build the S. P. to meet 
railroads on this side, etc. Mr. C. said he would attend to it, but I write this to remind 
him, as he took no memorandum . I want you to make such a proposition as I wrote to 
you for some days since. I am getting the South well waked up on Scott's Southern- 
Northern project. 

Yours truly, 

C. P. HUNTINGTON. 
(No. 22. ) 

New York, December 16, 1875. 

Friend Colton: Your two letters of the 6th, Nos. 109 and no, are received, with 

inclosures. I have looked over the two bills that you sent. They are very well, but 

I do not think that we shall be able to pass either of them, and I am no ways clear 

that we want to pass the A. and P. amendment if we could, as it would add so much 



THE OVERTHROW OF MONOPOLIES. 209 

to the work to be done by the S. P. that I think it would prevent our selling a S. P. 
bond longer than we can afford to wait. I have been trying to amend the Texas 
Pacific act so as to allow the officers of the S. P. to take an interest in the 
construction co. that would be likely to build the road, as was thought best to 
have some of the officers of the railroad co. that were financially strong take an 
interest in the building co. ; and I recollect that it was at one time thought there 
could not be outsiders found that would take all the stock of the construction co. 
I shall do what I can to get the Texas Pacific act amended so as to allow the S. P. 
to build east of the Colorado River, but I much doubt being able to do anything, for 
if Scott cannot pass his Texas Pacific bill he can do much to hinder us from passing 
ours. Then the A. and P. will oppose it with what power they have. Then, of course, 
the U. P. would oppose under cover, if not otherwise; at least I know we should if 
we were in their place. Then the politicians would naturally be against it, as they 
would think it would do them good to prevent this grant going to the S. P., as if not it 
would be likely to come back to the people. I shall do what I can, but you had better 
make your calculations to build the road east of the Colorado River on what you can 
get out of the Territories and the road itself. If you expect to get anything in Arizona 
and New Mexico, I would suggest that you do not do as we did in Utah — wait until 
the enemy was in possession. Of course you noticed the vote of the House yesterday on 
subsidies — 223 against and 33 for. I was just told that Scott said after the vote that it was 
no indication that he would not pass his Texas Pacific bill. I have received several 
letters from Texas in the last few days. They would like to work with the S. P. , but 
are fearful of the Texas P., as I have taken the ground that there would be no Govern- 
ment money aid granted and the United States has no land in Texas, and as the legis- 
lature does not meet in Texas until March, so they can get nothing from the State this 
winter, hence they are disposed to fight shy for the moment ; but I think when the 
Texas legislature meets, the Texas Central Railroad Co. will ask $10,000 per mile of 
the State from Austin to El Paso, and they have a land grant of nearly 5,000,000 
acres. 

I have been thinking that it possibly would be well for the S. P. to ask direct'' of 
Texas say $10,000 per mile from Austin to El Paso, and there is a very important land 
grant from Texas to the Austin and Pacific Railroad Co. I am told that this grants six- 
teen sections per mile from Austin to El Paso, and they have three years from next May 
to build the first twenty-five miles. What do you all think of it? I have just bought 
$40,000 Central paper that had about three months to run at 10 per cent. 
Yours, truly, 

C. P. HUNTINGTON. 
(No. 23.) 

New York, December 22, 1875. 

Friend Colton : Your letters of the nth inst, Nos. in and 112, are received; 
also, your dispatch that you would send $125,000 in gold. You need send more gold 
for the January interest. I notice the progress on the tunnels ; they go slow. I hope 
the work on that next to the longest one in the Tehachipi will be pushed. I am glad to 
notice that you are thinking of commencing it soon. What is the exact length of the 
San Fernando tunnel ? I think the doctor will return to California in January. I have 
just returned from Washington. The doctor (Gwin) was unfortunate about the railroad 
committee ; that is, there was not a man put on the committee that was on his list, and I 
must say I was deceived ; and he was often with Kerr, and K. was at his rooms and 
spent nearly one evening. The committee is not necessarily a Texas Pacific, but it is a 
commercial committee, and I have not much fear but that they can be convinced that 
ours is the right bill for the country. If things could have been left as we fixed them 
last winter there would have been little difficulty in defeating Scott's bill ; but their 
only argument is, it is controlled by the Central. That does not amount to much beyond 
this : It allows members to vote for Scott's bill for one reason and give the other — that it 

was to break up a great monopoly, etc. If these interviewers would keep out of 

the way, it would be much easier traveling. I send a few clippings. 
Yours, truly, 

C. P. HUNTINGTON. 
(No. 24.) 

New York, December 17, 1S75. 
Friend Colton : I expect to have* a bill ready early next week so amending the 
Texas Pacific act as to allow the S. P. to build east of the Colorado river ; or, rather, 
will have some changes made in the bill you sent over. The vote in the House the 
other day will do much good in helping Speaker Kerr in making up the railroad and 
land committees in such a way that they will not be likely to report in favor of any sub- 

14 



210 THE OVERTHROW OF MONOPOLIES. 

sidies. Of course the South were not all for Scott's bill before we commenced working 
there ; but we have done good work, and I am getting Southern papers every day from 
the line of his travels that speak right out against the Texas Pacific. See clippings in- 
closed. The Railroad Gazette, in publishing the proceedings of the St. Louis conven- 
tion, made some mistakes which I have endeavored to correct, as you will notice by copy 
of letters sent to you. Nearly all the papers here have taken favorable notice of it. I 
send slips from World and Tribune. The editor's article in the Railroad Gazette I did 
not see until after its publication. I have looked over Governor Irwin's message ; it 
seems to be well enough, although not just such a one on railroad matters as I expected. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 25.) 

New York, March 4, 1876. 
Friend Colton : Yours of February 24, No. 142, is received. I have been in 
Washington most of the time since Congress met, and you say truly when you write that 
you think I have had a rough fight here this winter. The railroad committee of the 
House was set up for Scott, and it has been a very difficult matter to switch a majority 
of the committee away from him, but I think it has been done ; but Scott is very able, 
and then he promises everything to everybody, which helps him for the day and in this 
fight, and just what he may yet do I cannot say. * * * And I think it of so much 
importance that he is not allowed to build a road parallel to ours with Government aid 
that I shall endeavor to get our bill passed through the Senate this winter if possible (and 
the House, too). If we only get it through the Senate, and could then get built some 
road in Arizona before Congress comes together next winter, I think there would be but 
little doubt we would win the fight. What do you think of it? * * * 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 26.) 

New York, March 22, 1876. 
Friend Colton : * * * I am having a very lively fight at Washington, but 
things do not look bad. 

Scott is making a very dirty fight, and I shall try very hard to pay him off, and if I 
do not live to see the grass growing over him I shall be mistaken. 

I am doing all I can to demoralize Scott in Texas. He has got to have legislation 
in that State to extend time on his land grant or else it is lost to him. * * * 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 27.) 

New York, May 12, 1876. 
Friend Colton : Your letters of April 29th and May 2d and 4th, Nos. 155, 156, 
and 157, are received, with inclosures as therein stated. I am very glad to learn that 
you are able to be out again. Bad time for any of the S. P. party to be sick, as we have 
fight enough to go round and give each one all he cares for, that is if his wants in 
that line are anyways reasonable. I sent Hopkins an article yesterday cut from the 
Commercial Advertiser; to-day I met one of the editors, Norcutt ; he told me Scott 
paid for having it published ; that he would not have let it gone into the paper if it 
had been left to him, etc. With this I send slip from to-day's Times. Just what is to 
come out of this fight I cannot say, but I expect to live to see the grass growing over 
these fellows ; but in the mean time we shall be hurt some. I have just learned that the 
the slip from the Times (or the matter contained therein) has gone to Europe by cable. 
Scott is spending money to get these things sent out, and the fight will go on for some 
time, or at least so long as he thinks by so doing he can make us get out of the way of 
his Texas and P. swindle, which I do not propose to do. See correspondence with 
Tudge Bell of Texas. I wish you would write on paper that would allow of my filing 
your letters. From the memorandum sent of the work done and to be done on the 
Tehachapi tunnels it would seem as though the rails ought to be laid to the sgmmit by 
July 1st. This evening's papers have just come in and they have a long article about the 
petition presented to-day by A. A. Sargent, calling«for a committee to investigate C. P. C. 
and F., etc. 

Yours, trulv, 

C. P. HUNTINGTON. 



THE OVERTHROW OF MONOPOLIES. 211 

(No. 28.) 

New York, May 28, 1875. 
Friend Colton : Yours of the 20th is received, with N. P. clippings. I do not 
think Booth made many votes by his Grand Hotel speech. The Governor said — Gover- 
nor S — some good things to the Chronicle interviewer ; but I think it unfortunate that he 
should so closely connect the C. P. with the S. P., as that is the only weapon our enemies 
have to fight us with in Congress. * * * 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 29.) 

New York, November 15, 1876. 
Friend Colton : I had a meeting in' Philadelphia last night with Tom Scott. We 
meet again here to-morrow. I do not have my own way altogether, but I think that 
we can agree upon some bill that we can all work for. We shall have to pro rate on 
through business more than I would like. And I think there should be a bridge com- 
pany organized (that we are not known in) to build over the Colorado river, at, say, 
Arrowsbury or any other point on the river, then build at the point where the railroad 
crosses, under contract with the railroad company. In this way we could tax the 
through business on this line if we so desired. * * * 
Yours, truly, 

C.P.HUNTINGTON. 

(No. 30. ) 

New York, December 4, 1876. 
Friend Colton : * * * I send copy of the bill, although not altogether agreed 
to yet. You will notice it allows of a bridge outside of the railroad corporation at the 
Colorado river ; or, as you will see, the road from the west goes to the river and starts 
from the river to go east ; but there must be nothing said about this bridge. If there 
should be it would kill it, and it is possible we may need this bridge outside the railroad 
company. * * * 

Yours, &c. , 

C.P.HUNTINGTON. 

A BLACKMAIL BRIDGE. 

New York, December 7, 1876. 
W-* Friend Colton : Your letters, Nov. 28 and 29, Nos. 7, 8 and 9, have just come to 
hand. As to the bridge over the Colorado river, it is a matter that I care nothing 
about, if you do not. But in fixing up the S. P. and T. and P. matter it occurred to me 
that^ we should have to pro rate with the T. and P. , as the S. P. would be over 
mountains and through a country where water and fuel will be expensive. It occurred 
to me that a bridge with an arbitrary would be well to help us to get what we really 
ought to have, and protect our interests generally. As I said before, if you don't want 
it, I don't. * * * 

Yours, truly, 

C. P. HUNTINGTON. 

(No.tfi.) 

Washington, D. C. , December 20, 1876. 
Friend Colton : I am having the roughest fight with Scott that I have ever had, 
but I hope to drive him into something that we can accept. I should not have much 
trouble if matters could have been left as we fixed them when you were here, but since 
some of our people has convinced the public that the S. P. is being built by the C. P. , 
and they have raised the cry of monopoly against us, it makes it very hard for us ; but 
such is life. You must send us considerable money by the 1st of January to pay interest ; 
my being away from New York so much of late has prevented me from making loans 
there, as money has been hard to get, and Fogg has not been able to renew our paper 
only to a very limited extent, and we shall have to pay this month, with what we have 
paid, say $1,800,000. Then, in January, say interest $12,000, and bills payable, $Soo,- 
000. You must put off your bills and pay-rolls there for two or three months it it is 
necessary. You had better have it telegraphed as often as you can how you are pushing 
on the road toward Fort Yuma. 
Yours, truly, 

C. P. HUNTINGTON. 



212 THE OVERTHROW OF MONOPOLIES. 

(No. 32. ) 

SCOTT AND THE LOBBY. 

New York, October 3, 1877. 

Friend Colton : Herewith I send memorandum of bills payable and transactions 
in September. You will notice the amount to be paid this month is very large, and just 
how much of it can be borrowed here is uncertain, but much of it, I hope ; but a portion 
will have to come from the earnings of the road in California. 

Your letters, Nos. 12, 13 and 14, are received. I shall go to Washington to-morrow 
night to see about the Colorado bridge. I think it can be fixed, but Scott is doing his 
very best. There has been, I think, more work done since Congress adjourned for the 
T. and P. than was ever done before for any interest in the whole history of this country, 
but if we spend as much money in laying rails east of the Colorado as he spends on his 
Washington lobby, we shall, in my opinion, surely beat him. I shall do all I can here, 
but I do not feel as well as I wish I did, and somehow dread the coming fight. 

I will endeavor to write you again to-morrow. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 33-) 

New York, March 20, 1877. 

Friend Colton : Your letters of March 7th and 9th, Nos. 33 and 34 are received. 
I notice what you write in your No. 33 relating to the C. P. sending goods via Chicago. 
Now, I have no interest as to the route over which this business travels, except it 
takes the route that will best advance the whole interest of the C. P., which it seemed to 
me would be best done by our sending a part via St. Louis and a portion via Chicago. 
There is considerable complaint, which shows itself in Washington, because all the 
business goes through Chicago and none via St. Louis and Cincinnati, and so we have the 
same amount for the C. P. It would seem best we divide this business. And as to the 
time that is made on the northern line, I think you would have no trouble in getting the 
southern lines to agree to take it via New Orleans that is now taken, and they certainly 
would have no trouble in filling the contract as to the time. 

Scott is at work, and I think doing more than ever before, preparing to put his Texas 
Pacific through next winter, and possibly at the extra session, if there is one. I have 
little or no fears of his doing anything at the extra session, but if he can convince Congress 
that the S. P. is controlled by the C. P (and I think with what aid he can get from my 
associates in California) I believe he can pass his bill to build on the direct line between 
Fort Yuma and San Diego, and I think I know enough of Washington to know how he 
can do it. 

I have just received telegram from Crocker in relation to daily mails east of Yuma, 
but of that I will write him. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 34.) 

New York, May 17, 1877. 

Friend Colton : Yours of the 9th, No. 48, is received. What you say about our 
stopping at Fort Yuma is well, and would be almost conclusive if the S. P. was not owned 
and controlled by the C. P. ; but when we tell Congress we are willing to build this 
road the answer is always the same. Of course you are to protect the Central, but what 
the country wants is a competing road. Now, many members of Congress believe all this 
stuff, and others talk it for reasons that I need not mention here, but, if they are not 
convinced, think the open highway will satisfy their constituents that they were working 
for the good of the whole country. When the Texas and P. Co. were asking aid to go 
through the San Gorgonio Pass, one argument was : We have built a road there with our 
own money. Will Congress furnish the means for Colonel Scott to go on and destroy 
property that we have in good faith located ? No one would do that. But their propo- 
sition now is to build direct to San Diego under the cry of an open highway for the 
people. I do not believe they can get the aid from the government necessary to do it, 
but they will not be prevented from doing it because the Central Pacific will do it without 
aid, but because the country is so generally committed against any subsidy, or because 
there is some interest fairly invested that would be destroyed by the building the open 
highway. 

We certainly are not prepared to build east of the Colorado river this season. If I 
have a clear view of what I think ought to be done I will write you. 
Yours, truly, 

C. P. HUNTINGTON. 



THE OVERTHROW OF MONOPOLIES. 213 

(No. 35.) 

New York, October 5, 1877. 

Friend Colton : Yours, No. 15, is received. I notice your remarks on our matters 
in California. I have no doubt there is many things to annoy you. The dispatches 
about crossing the Colorado come over very well. I think Gould has had as much to 
do with stopping us on the bridge as Scott has, although I have had no reason for so 
thinking up to this morning (see clip from Tribune) except Jim Wilson, of Iowa, is their 
man and has much influence with McCreary. 

Secretary of War Wilson was in Washington when the first order went out to stop 
work on the bridge, and Gould came in twice and Dillon once to tell me that the Secre- 
tary of the Interior had his war paint on, and was to attack us in his message, etc. I 
thought at the time they were trying to cover up something, and rather supposed it was 
to check us on the S. P. 

I met George M. Pullman last night. He told me that he met General Dodge a few 
days since, and that D. told him that Gould said to him (D.) that he would build as fast 
from Salt Lake west as we built east of the Colorado. I am disposed to think that you 
in California have never fully realized how much of a menace to the U. P. was the build- 
ing of the S. P. east from Yuma, and I am satisfied that we want to so fix the S. P. that 
the U. P. interest will be just as safe as the C. P. Just how to do it is not so clear, but I 
am inclined to think we shall have to give the U. P. a one-half interest in all the road 
east of Yuma, or say ten twenty-seconds of the whole road, and the latter I think they 
would not care to do and give us what the stock has fairly cost us, which you will recol- 
lect, as near as we could get at it, was 20 per cent. ; but this is an important matter and 
has got to be met, as those great interests are only valuable so long as they can be worked 
in harmony. Talk this matter over and let me have your views. 
Yours, truly, 

C. P. HUNTINGTON. 

THE PRESIDENT CROSS. 

No. 361. ] New York, October 10, 1877. 

Friend Colton: Yours of September 28th is received, and its contents carefully 
noted. I shall do aW I can, but it is very difficult to keep any money; but I shall do all 
I can. 

I went to Washington night before last and returned last night. I think I have the 
bridge question settled for the present. I found it harder to do than I expected. The 
Secretary of War told me that they had had it up in two Cabinet meetings and had con- 
cluded not to do anything, as Congress would come together next week; but I got him 
out of that idea in about twenty minutes. I then saw three others of the Cabinet; then 
I went and saw the President. He was a little cross at first; said we had defied the 
Government, &c. ; but I soon got him out of that belief. I said to him that we were 
very much in earnest about building the S. P. I said to him that I had written out after 
we were given the right to go on and complete the bridge, after being once stopped, that 
they (you) had better push the work night and day, as we had been stopped once with- 
out any reason known to us, and that we might be again, and that I guessed the boys 
very likely quit work and went to supper, and the military quit at the same time and got 
their supper and went to bed, supposing the workmen would do the same, but instead of 
going to bed went back and laid the track across the bridge, so as to be sure and have it 
so trains would cross before they received any order to quit. The President laughed 
heartily at that, and said he guessed we meant business. He then said, " What do you 
propose to do if we let you run over the bridge?" I said, " Push the road right on 
through Arizona. " He said, " Will you do that? If you will, that will suit me first- 
rate. " 

Now, I think you had better spend a little money building east from Yuma and 
have it telegraphed over as often as you can; it will do us much good here. 

I would like to hear now and then how the lone coal is being used. 

I have telegraphed to Crocker to have it understood there that the draw was closed 
by pressure from the people of Arizona, and not saying we had anything to do with it. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 36.) 

HAYES' FALSE REPORT DECLINED. 

New York, October 15, 1877. 
Friend Colton : * * * Very likely such a report as Mr. H. would give us 
would be worth the price he asks ; but as the crops are short this year in California, and 



214 THE OVERTHROW OF MONOPOLIES. 

as what we might call an off-year with us, I am disposed to think we had better let it 
pass for this year. 

I do not think General Sherman telegraphed to any one on this side about the bridge 
at Yuma. ^~^J 

General McDowell wrote to the Secretary of War recommending that the bridge be 
put back just as it was when orders were given us to stop. I wish you would get a strong 
letter from General Sherman that the bridge is in the right place, harms no one, but is of 
very great benefit to the military, as well as all the interests in Arizona and Northern 
Mexico, &c. We may need it, as I think it very likely Scott may try to get a resolution 
through Congress to stop our building in Arizona, and perhaps to stop our crossing the 
bridge. I send with this a clip from to-day's Times. It will not hurt us, although you. 
will notice it has its hit at us. 
Yours, truly, 

C. P. HUNTINGTON. 

(No. 37.) 

New York, June 3, 1878. 
Friend Colton : Yours (Nos. 89 and 90) are received. As to rails to lay twenty- 
two miles on west side of Sacramento River, I wrote Stanford a few days since. Could 
not get rails. I notice what you say about sale of land on account of Central Pacific"; 
also about building any more road. 

I quite agree with you in the main ; but all the reasons that ever existed why we 
should build east of Yuma now exist. Only the one reason why we should not, viz., not 
get the money, prevents me from urging the extension of that line. I put (something ?) 
in the omnibus bill to kill the T. and P., and I think it will do it. I have received 
three telegrams to come to Washington to-night. I go. 
Yours, truly, 

C. P. HUNTINGTON. 

These letters tell the story plainly of the hostile position of the Southern Pacific 
toward the Texas Pacific during all these years, and that it neither had or claimed any 
rights east of Yuma. But its grasping character was exhibited at the first opportunity, 
having resolved to build east. 

At Yuma only one desirable location for a bridge over the Colorado was found. 
This the Southern Pacific desire to appropriate, anticipating, what afterward occurred, 
that the Texas Pacific would attempt precisely the same thing. 

This point was in the military reservation, and of course could not be legally con- 
demned or appropriated under its right-of-way act, as that did not extend it any rights 
on military reservations. 

In October, 1876, the Texas Pacific applied to the military authorities at Yuma for 
leave to break ground on the reservation for the crossing of the river. This permission 
was granted, but in November following it was revoked. 

In April, 1877, the Southern Pacific was given permission to lay its track pro- 
visionally through a corner of the reservation, and the open contest between these two 
corporations began. 

The details, as to this reservation, are given in Ex. Doc. 33, 2d session, 45th Con- 
gress, in full. 

It is enough to state here that the Southern Pacific was successful, under the leave to 
cross " temporarily a portion of the reservation," in not only building its permanent rail- 
road across it, but in building a permanent railroad, and, through its construction 
company, a toll bridge over the river, which enables them to do as proposed in letters 
No. 29, 30, "to tax the through business of the country.'''' 

This in utter defiance of the War Department, against the positive orders of the 
Secretary of War. 

General McDowell wrote, October 3, 1877: "The post commander was powerless, 
all the troops having been withdrawn to the field. " Nor has it yet ever procured the 
consent of the Government to occupy this reservation ; it has been a continual trespasser 
to this day. 

Failing to procure authority from Congress to build east of Yuma, the Southern Pacific 
procured charters from the Territorial legislatures of Arizona and New MeAico to proceed 
and build through those Territories over the line selected by the Texas Pacific ; and on 
commencing its work under these charters, the Texas Pacific invoked the aid of the 
judiciary. It filed a bill for an injunction and a receiver as to the improvements of the 
Southern Pacific, and the relief prayed was given ; but the Southern Pacific continued its 
work, paying no attention to the order, and the litigation continued as pending until 
settled by a decree, entered at the March term, 1882, of the court, not on a iudicial 
investigation, but by agreement of all the parties. 



THE OVERTHROW OF MONOPOLIES. 215 

On the question as to the relation of these two companies during all the years the two 
lines were being constructed, your committee do not find a single act performed by either 
that was not hostile in its character as to the other. 

Again, on the question as to whether the Southern Pacific had either the intention of 
asking or the hope or expectation of receiving a dollar of aid or an acre of land, we find 
that in the Forty-fifth and Forty-sixth Congresses, as against the request of Mr. Scott for 
guarantee to his road, statement after statement and argument after argument was made 
by the representatives of the Southern Pacific that aid of any character was entirely 
useless and an unjustifiable expenditure of the public money and property. 

It was argued by them that their company was practically demonstrating the non- 
necessity of Governmental aid to the enterprise of building a railroad along the thirty- 
second parallel by building its own there and without aid, which it neither asked nor 
desired. 

Mr. Huntington, in 1878, wrote : 

"If it were once understood that no subsidies would hereafter be granted by Con- 
gress, the incomplete gap (between Fort Worth, the western terminus of the Texas 
Pacific then, and Yuma) would be filled within five years by private capital alone, with- 
out asking or committing in any way the national revenues to the work." 

Before the Senate committee, in 1878, he said: 

" We are ready to construct right along, and willing to provide an outlet to the East 
for ourselves without cost to the Government." 

And again : 

"The question before you is whether you will give the Texas Pacific a guarantee of 
neaily forty millions of bonds for building a road, 200 miles of which is useless, and 600 
miles of which we offer to build without aid." 

Scores of men in Washington to-day recall the earnest statements of Mr. Huntington , 
made during the first session of the Forty-sixth Congress, in opposition to the Texas 
Pacific, that the Southern Pacific could and would build the road without a dollar of aid 
or an acre of land, if the Texas Pacific was kept out of the way. 

In the current daily papers at this date appears a letter from ex-Senator Gordon, 
explanatory' of his course in supporting the Southern Pacific plan of opposing Scott, which 
your committee deem worth notice. Among other things he says : 

" Mr. Scott was asking a guarantee on about fifty millions of bonds. Mr. Huntington, 
on the other hand, was asking nothing of Congress, either by way of indorsement of his 
bonds or as subsidy m lands. He asked only to be let alone and allowed to build the 
road on the same general line, and was actually constructing it without any Government 
aid. * * * I opposed the Scott bill and favored the Huntington plan. He declared 
he could and would build the road without a dollar of Government aid or subsidy. He 
did it. He declared he would make the eastern terminus of his lines southern ports and 
only southern ports. He has done it. " 

Resuming the history of the case : Failing to get the subsidy desired, the affairs of 
the Texas Pacific remained in statu quo for a time, the Southern Pacific prosecuting the 
work of building its road vigorously. When Mr. Jay Gould took charge of the Texas 
Pacific affairs work was rapidly done on the line toward the west in Texas, so that in 
November, 1881, the Texas Pacific had reached Sierra Blanca, Tex. , about 91 miles east 
of El Paso, and the Southern Pacific fully completed to within a few miles of that point. 

On the 26th of November, 1881, an agreement was made between Mr. Huntington 
and Mr. Gould, representing the two corporations, of which this is an abstract : 

Tt is made between C.P.Huntington on one side, representing the Southern Pacific 
and the Galveston, Harrisburg and San Antonio roads and their connections eastward 
as far as New Orleans, and Jay Gould on the other side, representing the Texas and 
Pacific, including its New Orleans connection, the Iron Mountain, the International, 
Missouri, Kansas and Texas, and Missouri Pacific Companies. It provides 
that the tracks of the two systems shall be joined when they meet 100 miles or 
thereabouts east of El Paso, and both parties are to use the portion between the junction 
and El Paso on equal terms, the Texas and Pacific reserving the right to run its own 
trains into El Paso on paying half cost of maintenance, taxes and interest on halt cost of 
construction, $10,000 per mile. Through business is to be done on a pro rata basis by 
both companies, and this stands all the way to San Diego, Los Angeles and San 
Francisco, although the franchise of the Texas and Pacific was by its charter limited to 
San Diego ; and rates are to be as low between competitive points as by any other 
transcontinental routes. No discrimination is to be made by the Gould roads for or 
against any of the termini on the Mississippi or Gulf, either as to rates, time, or other- 
wise, or among the railroad lines eastward thereof, but east-bound unconsigned 
business for points reached by them in Northern Texas, Arkansas and Missouri is to be 
delivered to them at El Paso or the junction, as the case may be. The agreement does 



216 THE OVERTHROW OF MONOPOLIES. 

not prevent or interfere with the completion of the Huntington road through Texas via 
San Antonio and Houston, but provides that after its completion the New Orleans and 
seaboard business thereof shall be divided equally between the two lines and their 
connection, the Huntington road from Houston to New Orleans being accorded the 
privilege of using ioo miles of the Texas and Pacific nearest to New Orleans when 
necessary on the above terms. The two systems of roads intersect and cross each other 
at Houston, and between this point and Galveston they use the Galveston road, running 
through trains if necessary. The through business to and from El Paso and the Pacific 
will be divided on the basis of one-third to the Texas and Pacific and its connections, 
and two thirds of the line via San Antonio, that being the shortest line. 

In consideration for the privileges of using jointly the road into El Paso, and of a 
perpetual privilege in Los Angeles and San Francisco, as well as San Diego, equal to 
the most favored, the Texas and Pacific has relinquished its claim to the land grant, 
right of way, and franchises west of El Paso to the Southern Pacific companies. The 
Texas and Pacific engages not to extend its road west of El Paso so long as the cove- 
nants with the Southern Pacific are observed, and the Southern Pacific agrees not to 
parallel the Texas and Pacific east of El Paso or either of the roads mentioned, in 
Texas, Arkansas, or Missouri. The usual provision is made for arbitration between any 
of the parties for the settlement of disputes, and the respective superintendents are to 
carry out the details of the arrangements as to interchange of traffic and the rates of 
compensation. 

The Texas Pacific relinquishes and will convey to the Southern Pacific its claim to 
this land grant, right of way, and franchises west of El Paso. 

Pursuant to this contract a deed was executed by the Texas Pacific on January 18, 
1882, to the Southern Pacific, purporting to convey all the grantor had or could take 
west of El Paso ; and in March, 1882, in the district court of the third judicial district of 
New Mexico, the bill of the Texas Pacific, filed and pending to prevent the Southern 
Pacific from building within the land grant to the Texas Pacific, was amended so as to 
make the Central Pacific a party to the litigation ; and by agreement of all the parties a 
decree was entered on stipulation validating the agreement of November, 1 881, and the 
deed of January 18, 1882, and especially that the road named in the decree shall be 
operated m perpetuity as a single continuous line. 

Another important fact is that the Central Pacific Railroad Company now controls 
and operates all these roads from El Paso west, under leases from the nominal corpora- 
tions owning them ; it paying for the Southern Pacific of California, $250 per mile per 
month ; for the Southern Pacific of Arizona, $135 per mile per month and taxes ; for the 
Southern Pacific of New Mexico, the same rent ; for the bridges over the Colorado and 
Rio Grande, $1,000 per month each ; and for the Los Angeles and San Diego, $100 per 
mile per month and taxes. These rents and all operating expense of the line are included 
in the expense account of the Central Pacific. 

From the foregoing facts, none of which were disputed, even before your committee, 
we draw these conclusions, viz : 

That the Southern Pacific was a hostile enterprise to the Texas Pacific until all its 
road had been constructed to Sierra Blanca, Tex., and until the contract of November, 
1 88 1, was consummated. 

That it shrank from nothing that tended to defeat the work the Texas Pacific was 
engaged in, viz., the construction of a competing through line of railroad to the Pacific 
Ocean. 

That while the Southern Pacific was nominally an independent corporation, it was in 
fact practically the Central Pacific. 

That the Southern Pacific was built with the money of the Central Pacific outside of 
the securities based upon it, and is operated and controlled by it. 

That so far as Congress is concerned, the Southern Pacific never had any rights east 
of Yuma, upon which it could base a claim against the Government, either legal or 
equitable. 

That the Southern Pacific built its road expressly without the intention, expectation 
or hope of receiving a dollar of aid or an acre of land therefor from the Government. 

That by its action it aided in defeating the building of the road contemplated by 
Congress. 

That no attention has ever been paid by it toward making San Diego a terminal 
point, but, on the contrary, so far as either of these companies is concerned, there is not 
a railroad within upward of one hundred miles of that place. 

That, as suggested m letter No. 29 above, in order "to tax the through business on 
the line," two bridge companies have been organized, one owning the bridge over the 
Rio Grande and the other the bridge over the Colorado. 



THE OVERTHROW OF MONOPOLIES. 217 

That, in connection with the facts m this report presented, common notoriety shows 
that the transcontinental transportation question now stands in this condition: 

The next route north of this, the Atlantic and Pacific, is controlled by the Central 
Pacific west of the Colarado and by Mr. Gould east of it. 

The Central Pacific and the Union Pacific, with Mr. Gould's connections east of 
Omaha, control the middle route. 

By subsidizing the Pacific Mail, the Central Pacific keeps the water route under 
control. 

The Northern Pacific is not only in a "pool" with the Central, but an agreement has 
been made between them whereby the territory of the great Northwest has been divided 
between them as to transportation, as though ownership of the country followed building 
of railroads into it, subject to which practical assertion of ownership the transportation of 
freight for the entire Pacific coast is under the control of the few men who adopt as their 
rule for charges "all the traffic will bear," and who have introduced, for the first time in 
the history of common carriage and in the only place in the civilized world, the practice 
of "special contracts," whereby a citizen of the republic, to avail himself of the 
necessary benefits of the improved methods of transportation by steam and rail equally 
with those these men choose to favor with reasonable rates of charges, must contract that 
he will not deal in the property freighted with any but those having like contracts with 
himself and giving the managers of these corporations the right of espionage over their 
books and papers, to ascertain the details of their business and whether such contract has 
been violated. 

These are the men who ask on grounds of equity, that this vast grant of land, an 
empire in area, and estimated by themselves at forty millions of dollars in value, shall 
be given them. 

Your committee has had no difficulty in disposing of the claim on the basis of the 
"equity." 

Nor have we been perplexed in solving the question as to the legal right of the 
Southern Pacific to this grant. 

As has been stated, we have had the benefit of legal argument by some of the most 
eminent counsel in the land, and the claim by this company to the grant on legal grounds 
may be stated in this way : 

By the act making the grant the title to the land passed to the Texas Pacific — the act 
was a grant in presenti, with a condition subsequent. 

The Texas Pacific, thus being vested with the legal title, although subject to the con- 
dition subsequent, which contained, among other things, the building of the road to San 
Diego and the completing the whole line by May 2d, 1882, and that there should be 
no consolidation with any competing line, yet the legal title was an assignable interest 
which could be conveyed, and that by the deed made by the Texas Pacific January 18, 1882, 
to the Southern Pacific, it became vested with the legal title to all the land, and because 
the Congress did not, in making the grant and coupling with it a condition subsequent, in 
express terms reserve to itself the power to declare the grant forfeited for breach of the 
condition if it should not be complied with, therefore no right of forfeiture exists, and the 
hands of Congress are tied and the Government is powerless to resume the grant by reason 
of such omission. 

In other words, generally stated, the distinguished counsel for the company declares 
that in law the power to declare a forfeiture of a grant made on condition subsequent 
for breach of the condition must be reserved to the grantor by express terms in the act 
making the grant, or it does not exist. 

No authority was produced to the committee except the statement of the attorneys 
asserting this extraordinary doctrine in support of it ; but the interests being so great, 
we have examined the books on the question, and are not able to find a single authority 
in support of the proposition, and we believe none can be found. 

On the contrary, Washburn on Real Property, vol. 2, 3d ed., p. 15, asserts the rule 
to be — 

"Where the condition of a grant is express there is no need of reserving a right of 
entry for a breach thereof in order to enable the grantor to avail himself of it." 

See also Jackson vs. Allen, 3 Cowan, 220 ; Gray vs. Blanchard, 8 Pick., 284; 
Littleton, sec. 331. 

Indeed, all the decided cases we can find, as well as the text-books, are in harmony 
and to the same effect ; so we do not present argument upon it here. 

Counsel also urge that, under the law, a forfeiture of a grant is-*purely a judicial 
question ; one for the courts alone, and that Congress has no power m the matter. 

We are of different opinion. It seems perfectly clear to this committee that a declara- 
tion of forfeiture is only the act of the grantor, asserting his right to assume the grant, to 
be exercised at his option, terminating an estate for breach of the condition on which it is 



218 THE OVERTHROW OF MONOPOLIES. 

granted. The power rests with him ; it is at his option whether he will exercise it or 
not ; purely a matter of discretion, with the exercise of which the courts have nothing 
to do, and until it is exercised there is nothing on which the court can act. 

When forfeiture is declared and resumption of ownership asserted by the grantor.. 
then the court may be invoked to declare whether the right existed or whether it had 
been effectively exercised ; but the question of forfeiture is with the grantor, personal or 
legislative, as the grant is private or public, and the judiciary has no jurisdiction what- 
ever until after the grantor has acted to assert his or its right to declare the forfeiture, 
and then the grantee may invoke the judiciary. 

To us this is too clear to be regarded as debatable or needing elaboration. 

But the counsel insisted also that if the committee should declare that the right to 
declare a forfeiture did exist, then the Southern Pacific had the right to the grant on the 
ground that zVhad substantially complied with the requirements of the act as they should 
have been performed by the Texas Pacific in the building of a road to the Pacific coast ; 
that while the Southern Pacific was practically a volunteer in the prosecution of the 
work, not having authority from Congress to undertake and prosecute the work, yet 
having built a railroad along substantially the same line which the Texas Pacific would 
have followed, and having given the country, by the building and the contract of 
November, 1881, with the Texas Pacific, a line of railroad to San Francisco, and the 
Texas Pacific being satisfied, the Government is bound to be, and give them the grant. 
And in the argument used — the illustration of a reward offered for lost goods, the finder 
is always a volunteer and entitled to the reward ; that it is immaterial to the loser who 
finds and restores his goods — they evade the question of the necessity of San Diego 
being made a terminal point, as well as that that city has been avoided and no road 
located or built to it by them, or in which they are interested. 

But waiving the question of full performance, has this last claim a basis in the law ? 

Before the claimant company can be held to be entitled to this grant it must be found 
that the conditions of the grant have all been complied with by it or its grantor ; that it 
is the legal " successor and assign " of the Texas and Pacific, and also that such succes- 
sion is not the result of a combination or consolidation with the Texas and Pacific "by 
rival or and competing through line of railroad to the Pacific Ocean. " 

Neither of these propositions can be held in favor ot the claimant here. The Southern 
Pacific is not the "successor and assign " of the Texas Pacific. These words have a well- 
defined significance, and when used in connection with a corporation, sole or aggregate, 
have invariably been held to be words of limitation, like the word "heirs " in a convey- 
ance to an individual. 

The successors of a corporation correspond to the heirs of a natural person. (Buf- 
rill's Law Diet., title Successors; Bouvier's Law Diet.; Angell & Ames, Corp., sec. 
192 ; 2 Kern aw Rep., 129.) 

We confidently assert that not a case can be found (except the Attorney-General's 
opinion in the N. O. , B. R. and V. case) where the words " successors and assigns " are 
used as applied to a corporation, when that body simply succeeds by purchase or contract 
to a part or all of the assets of another corporation, but not including its franchise or right 
to exist as a corporate body. No construction is better settled in the law. 

The Southern Pacific simply asserts a right under a deed from the Texas Pacific as 
grantee of what is assumed by both to be part of the assets of the Texas Pacific, but the 
granting corporation, the Texas Pacific Company, still exists and remains, with all the 
vitality and activity it ever possessed as an artificial creature, losing none of its identity, 
although by this contract it attempts to divest itself of part of its powers and a portion of 
its tangible assets. But the Southern Pacific is simply the vendee or grantee of the Texas 
Pacific as to the items named ; this and nothing more. The Texas Pacific cannot so 
exist and at the same time have an existing " successor. " In a case like this a very clear 
distinction is to be taken between legally succeeding to a portion of a property of a cor- 
poration as vendee or grantee and being the legal " successor" to the corporation itself. 
Mere privity by contract alone will create the first, but creation or selection by public 
authority and an entire legal substitution of person is necessary in the latter case. In this 
case Congress passed the act for the express and avowed purpose of causing the construc- 
tion of a short and competitive route along the thirty-second parallel from the Missis- 
sippi to San Diego Bay. The points which were to be connected, as well as the corpora- 
tion which should perform the w ork and be the recipient of the bounty of the government 
for the performance of the work, were all determined by Congress and expressly named. 

The position of the transcontinental line. Central and Union Pacific, was well under- 
stood by the people and their representatives in Congress then, and too recent now to 
require a restatement. Railway communication between the octans was an absolute 
necessity, but the extortions and discriminations of the Central and Union Pacific (and 
apparently beyond the power of their creator to prevent) caused an urgent demand on 



THE OVERTHROW OF MONOPOLIES. 219 

the part of the people for another and a competitive route across the continent. To pro- 
vide this the act of 1871, attempted ; the terminal points were fixed ; the bay of San 
Diego named as a western terminus of this to be grand line, and work to be begun 
simultaneously at either end and rapidly prosecuted. San Francisco was by section 23 
to be connected with the new road only ; not to be a terminal point as it now is. The 
road was contempleted to the ocean at San Diego, with a branch to San Francisco. This 
is clearly a substantial requirement. 

In every section of the act clearly appears the expressed intention that the Texas 
Pacific Company shall prosecute the work. This company is organized, and for the 
clearly expressed purpose, as stated ; this company may purchase stock of other com- 
panies, or may consolidate, but not with any competing line, but all such purchasers and 
consolidations should vest the property in the Texas Pacific Railway Company. This 
company was to file maps, to build and complete the road and telegraph line, to execute 
mortgages, &c, and (section 17) the Texas Pacific Company to construct the road within 
ten years. Nowhere does it appear, even by implication, that any other party, by privity 
of contract merely, should have any rights in the matter, either to perform the conditions 
imposed or succeed to any of the privileges conferred. The Texas Pacific was to be a 
competitor to the other lines across the continent, as well those projected as completed ; 
and so everything shows that Congress intended that the corporation it created for the 
purpose, or its legal successors, should perform the duties, afford the facilities, and 
receive the benefit provided for by this act. It must be kept in mind that the Southern 
Pacific had no authority, direct or implied, from the United States to do any act east of 
the Colorado ; it was only authorized to connect with the Texas Pacific at 
or near the Colorado, for the purpose of connecting San Francisco with 
the new route ; there and at that point its power ceased so far as Congress was 
concerned. All that it has done since was at its own instance: it was not induced by 
the land grant to build east of Yuma; the Government did not request it, but did all in 
its power, in its feeble way and with the small military force at its disposal, to prevent 
the occupancy of the Yuma Reservation and the Colorado River, but unsuccessfully; it 
pursued its course as a rival road to the one chartered by Congress and for the purpose, 
now clearly apparent, of defeating the expressed will of the people for a competing road 
across the conlinent, by securing for itself, in connection with the Central Pacific, the 
entire control of the vast and increasing transcontinental transportation. The claim of 
the Southern Pacific to be treated as a successor of the Texas Pacific under the law is 
based solely on the fact that it has succeeded as a rival to the Texas Pacific in building a 
road where the Texas Pacific proposed to build one; preventing the Texas Pacific from 
accomplishing the object of its creation, and in return for a concession of part of the 
freightage of the future, and an agreement not only to compete, but not to extend lines 
to the injury of the other, the Texas Pacific assumed to convey what it never had the 
least right to control, either legally'.or equitably, and the Southern Pacific asserts a clear 
right as grantee to what its grantor had not the shadow of a subsisting claim, and as to 
which it has put beyond itself the power to ever earn or claim. San Diego was named 
as a terminal point by Congress, and for very obvious reasons. The Central Pacific 
reached San Francisco, and the natural depot and entrepot for the proposed competitive 
line on the Pacific would be San Diego; not a railroad is within 100 miles of it, except 
on paper, now, so far as these companies are concerned, and all the benefits conferred 
by the road taken to San Francisco and made to inure to the benefit of the com- 
pany it was to compete with. The facts which we state in this report show that the 
Southern Pacific is in fact the Central Pacific, practically the same directory in both, the 
former operated under a lease to the latter ; all the expenses charged in the account of 
the Central Pacific. These claims might equally as well be made by the Central Pacific 
by name as by the Southern Pacific. The same logic that would justify granting this 
application would compel doing the same act for the Central Pacific if it had performed 
the acts done nominally by the Southern Pacific. The difficulty with the reasoning of 
the counsel for the applicant is, that they assume that all that was contemplated by Con- 
gress was that a railroad should be built along the 32d parallel, and that it is absolutely 
immaterial who or what company builds it, or what the relation or bearing of the builder 
may be toward the people or the question of transportation. So that the company named 
in the granting act is satisfied, either by compulsion or purchase ; in effect making the 
latter company the agents of the Government to bestow a gratuity upon the corporation 
which had defeated not only the company appointed by Congress to do its work, but 
Congress itself. This is required, and must appear : that the railroad contemplated by 
the granting act shall be built or procured, and by the designated party or its legal suc- 
cessor, one which stands in its place and stead, under the restrictions and provisions of 
the granting act; and if purchase or consolidation be attempted or effected, that the cor- 
poration designated by Congress shall be the major factor in the case ; that it shall absorb 



220 THE OVERTHROW OF MONOPOLIES. 

the others, and be the owner of the "corpus," and not, as in this case, when the process 
has been reversed. The act provides a grant for " aiding in the construction of the rail- 
road and telegraph line herein provided for," etc., not a railroad constructed by the 
Central Pacific or the Union Pacific, or the Atlantic and Pacific companies, or either of 
them, but by a company it created, its successors or assigns, as a competitive line. 

Again, while counsel waived argument upon the question before us, we submit that the 
condition in the grant prohibiting consolidation with rival or competing lines has been 
absolutely violated by the Texas and Pacific in the making of the contract of November, 
1881. 

Practically and legally, so far as it affects the public or the question of transportation, 
that contract was one of consolidation, and with a rival hostile line. It provides for 
traffic arrangements, a pool of receipts, a perpetual user, an absolute community of inter- 
est, an agreement not to construct parallel lines, and a surrender of all rights and 
franchises beyond the connecting point, so far as it was possible for the Texas and 
Pacific to surrender and convey. 

Looking over the whole case, then, we find that Congress organized a particular cor- 
poration for an avowed, specific purpose; agreed to give it 15,000,000 of acres of land, 
if within ten years it should build its road from Marshall, Tex., to San Diego Bay as 
provided. 

Congress prohibited it from making any arrangements with others which would 
destroy its own identity, or interfere with the proposed or expected results. 

Congress provided that in any consolidation it might make or contracts with regard 
to property rights, the property acquired, rights secured, or consolidation effected, all 
should be the property of the Texas and Pacific. 

This company has not accomplished a single object for which it was created. 

It has never been in a position or condition in which it could perform, or even at- 
tempt to perform, substantially, one single act required of it. 

It never reached a point nearer than 90 miles of where it could earn an acre of 
ground; it was never in sight of the "promised land." 

Failing to do any act it was bound and required to do, it attempted to do every act 
possible which it was prohibited from doing. 

Organized to build across the continent, it solemnly bound itself with its rival and 
enemy never to attempt to do it. Created to compete with the Central Pacific, it makes 
a perpetual alliance with it, and a perpetual pool as to charges and rates. Established 
to promote a healthy, beneficial competition, it bargains away, so far as it is able, its fran- 
chises, or right to exist as a corporation in all the territory where Congress had sole juris- 
diction, and parceled out as suited the convenience of itself and its opponent the carrying 
trade of one -third of the territory of the Republic. Given life for a special purpose, it 
uses every means within its power to defeat the object of its creation, and, as a fitting 
climax to all this iniquity, it endeavors to supplant Congress as a donor of the public 
domain, as a part of the transaction which was its own suicide. The Southern Pacific 
claims to "stand in the shoes " of the Texas and Pacific. 

_ Your committee agree that "standing in the shoes" would do if the Southern Pacific 
filled the shoes. But it does not. 

It never had authority or recognition by Congress east of Yuma. All its attempts 
before Congress to secure recognition there have repeatedly failed as made. For its own 
purposes, at its own instance, in its own way, by methods which many honest, good men 
have denounced, greedy to embrace all the land with its network of rails, to secure 
monopoly of transportation, surmounting opposition and beating down all obstacles in its 
way, and in doing so crushing the agent Congress had selected as the instrument to build 
a road there, doing nothing, absolutely nothing, by the governmental authority or assent 
even,^ and having succeeded in defeating a necessary work and rendering absolutely 
abortive the attempt to have one competing transportation route to the Pacific built, it 
cooly asks Congress to bestow upon it fifteen millions of acres of land, to give it the own- 
ership of an area sufficient for perhaps one hundred thousand homes as a reward for that 
result. 

So your committee report the accompanying bill with the recommendation that it pass, 
suggesting here that it may not be improper to adopt the same rule as to Mr. Huntington 
that he proposed as to Mr. Scott in his letter of November 8, 1874, No. 2, above, "but 
if Scott kicks at it, I propose to say to Congress, ' We will build east of the Colorado to 
meet the Texas Pacific without aid, and then see how many members will dare to give 
him aid to do what we offered to do without.' " We will plead guilty to a curiosity to 
see how many members of this House will " dare to vote " to give this grant to him now, 
for doing what he then proposed to do and did without aid or promise of any. We are 
confirmed in our conclusion by the action of the Judiciary Committee of the House of the 
Forty-seventh Congress, where, as we are advised, fourteen of the fifteen members of that 



THE OVERTHROW OF MONOPOLIES. 221 

committee concurred in the opinion that the Southern Pacific Railroad Company had 
neither legal nor equitable claim to any part of the grant, and that under the decisions of 
the Supreme Court of the United States action on the part of Congress is necessary to re- 
store this land to the public domain. No legal rights can be divested or lost by the pro- 
posed action, and whatever legal rights exist can only be ascertained after forfeiture. 

We ought, perhaps, to apologize for the length of this report; but the interests are so 
vast, the value of the property so great, the claim of the railroad company insisted upon 
with so much zeal and apparent candor and earnestness, and, moreover, this being the 
pioneer case in the list of proposed forfeitures of lapsed land grants to railroads before this 
Congress, we have thought it not inexpedient to thoroughly canvass the questions pre- 
sented, although subjecting ourselves to the charge of prolixity. 

A Bill to declare a forfeiture of lands granted to the Texas Pacific Railroad Company, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That all lands granted to the Texas Pacific Railroad 
Company under the act of Congress entitled "An act to incorporate the Texas Pacific 
Railroad Company and to aid in the construction of its road, and for other purposes," 
approved March third, eighteen hundred and seventy-one, and acts amendatory thereof 
or supplemental thereto, be, and they are hereby, declared forfeited, and that the whole 
of said lands be restored to the public domain and made subject to sale and settlement 
under existing laws of the United States. 

Sec. 2. That in any and all cases, as to any lands embraced within the terms of the 
act named in section one of this act, whenever the Department of the Interior, or its 
officers, or the local land officers, have treated said lands as open to selection, purchase, 
or homestead entry, and have allowed purchases, selections, and entries of* any of said 
lands under the general laws of the United States, the acts of the Department of the 
Interior, and its officers, and the local land officers, in permitting such entries, selec- 
tions, and purchases, in making such sales and in issuing patents, certificates, and lists 
thereon, are hereby ratified and validated ; and the rights and titles of parties or persons 
holding patents or claiming right or title under certificates or lists of lands issued or 
certified by the Secretary of the Interior, the Commissioner of the General Land Office, 
or certificates issued by the officers of the local land offices, or who have made home- 
stead enteries or pre-emption settlements or claims of any kind upon any of said lands, 
under the general laws of the United States, in any way affected adversely by said grant, 
are hereby confirmed and made valid to the same extent as though said grant had never 
been made ; and all of said lands embraced within the provisions of said acts shall be 
restored to the public domain, subject to the saving of rights as provided in this section, 
as though said grant had never been made. 

H. R. 181. 

To declare forfeited certain lands granted to aid in the construction of a railroad 
in Oregon and to enforce the same by judicial proceedings. 

Passed House June 4, 1884. In the Senate received June 9, 1884, and referred 
to the committee on public lands March 7, with amendment. No vote taken. 

H. R 180. 

To declare forfeited certain lands in the State of Michigan to and in the con- 
struction of a railroad, and to enforce the same by judicial proceedings. 

In the House March 5, 1884, reported from the committee and referred to the 
House calendar. No vote taken. 

H. R 5682. 

To repeal section 22 of the act to incorporate the Texas Pacific R P. Co., 
approved March 3, 1871 ; and to declare a forfeiture of the land grant therein 
made, and for other purposes. 

In the House, June 26, defeated. 

H. R 6408. 

To forfeit lands granted to the State of Michigan to aid in the construction of 
a railroad from Marquette to Ontonagon in said State. No vote taken. 
H. R 6416. 



222 THE OVERTHROW OF MONOPOLIES. 

To provide for the adjustment of land grants made by Congress to aid in the 
construction of railroads within the State of Kansas. No vote taken. 

H. R. 6534. 

To declare forfeited certain lands granted to aid in the construction of the 
Northern Pacific R. R, and for other purposes. No vote taken. 

H. R. 7162. 

To forfeit the unearned lands granted to the Atlantic & Pacific R. R. Co. and 
to restore the same to the public domain. Passed House June 9, 1884. 

In the Senate, July 3, amended and passed Senate. No conference between 
the two houses had. 

H. R. 7238. 

To restore lands held in indemnity limits for railroad and wagon road 
companies and for other purposes. No vote taken. 

H. R. 7299. 

Forfeiting a part of certain lands granted to the State of Iowa to aid in the 
construction of railroads in that State and for other purposes. Passed House 
June 20. In the Senate, June 21, received and referred to the Committee on 
Public Lands. No report made. 

H. R. 7495. 

To declare forfeited certain lands granted to aid in the construction of a 
railroad from Portland in Oregon to the Central Pacifie R. R. Co. in Cal. No 
vote taken. 

Foreign Land Owners. 

The following table shows the amount of acres held in vast estates by foreign, 
absentee, landlords : 

The Holland Land Company, New Mexico 4,500,000 

An English syndicate, No. 3, in Texas 3,000,000 

Sir Edward Reid and a syndicate, in Florida 2,000,000 

English syndicate, in Mississippi 1,800,000 

Marquis of Tweedale 1 ,750.000 

Phillips, Marshal & Co., London 1,300,000 

German syndicate 1, 100,000 

Anglo-American syndicate, Mr. Rogers, president, London 750,000 

Bryan H. Evans, of London, in Mississippi 700,000 

Duke of Sutherland 425,000 

British Land Company, in Kansas 320,000 

William Whalley, M.P., Peterboro, England 310,000 

Missouri Land Company, Edinburgh, Scotland 300,000 

Robert Tennant, of London 230,000 

Dundee Land Company, Scotland 247,000 

Lord Dunmore m 120,000 

Benjamin Newgas, Liverpool 100,000 

Lord Houghton, in Florida • 60,000 

Lord Dunraven, in Colorado 60,000 

English Land Company, in Florida 50,000 

English Land Company, in Arkansas 50,000 

Albert Peel, M.P., Leicestershire, England 10,000 

Sir J. L. Kay, Yorkshire, England 5, 000 

Alexander Grant, of London, in Kansas 35,000 

English syndicate (represented by Close Bros.) Wisconsin 110,000 

M. Ellerhauser, of Halifax, Xovia Scotia, in West Virginia 600,000 

A Scotch syndicate, in Florida 500,000 

A Boysen, Danish Consul, in Milwaukee 50,000 

Missouri Land Company, of Edinburgh, Scotland 165,000 

Total 20,747,000 



THE OVERTHROW OF MONOPOLIES. 223 

Unlawful Fencing of the Public Domain, 
Space does not permit an account of the manner in which wealthy owners of 
large cattle ranches, many of them foreigners, have been permitted by the present 
administration to unlawfully fence in the land belonging to the Government. 

Among the cases of unauthorized fencing specially reported to the Land Office 
1>Y agents are those of the Prairie Cattle Company, embracing upwards of 1,000,- 

000 acres; the Arkansas Valley Company, 1,000,000 acres; H. H. Metcalf, 
200,000 acres ; John W. Prowers, 200,000 acres ; McDaniel & Davis, 75,000 acres ; 
Routchler & Lamb, 40,000 acres ; J. W. Frank, 40,000 acres ; Garnett & Lang- 
ford, 30,000 acres ; E. C. Tane, 50,000 acres ; Lewesey Brothers, 150,000 acres ; 
Yroomer & McFife, 50 000 acres ; Beatty Brothers, 40,000 acres ; Chick, Brown 
& Co., 30,000 acres, and Reynolds Cattle Company, 50,000 acres, all in Colorado. 
Brighton Ranche, 125,000 acres ; Coe & Carter, 80,000 acres ; J. W. Wilson, 
25,000 acres ; Kennebec Ranch, 40,000 acres, and J. W. Bosler, 20,000 acres, in 
Nebraska. William Humphrey, 25,000 acres, and Nelson & Son, 20,000 acres, in 
Nevada. 

Whole Counties Appropriated. 

Entire counties are reported as being fenced in Kansas. In Wyoming more 
than one hundred large cattle companies are reported as having fencing on the 
public lands. Some of these companies are reported to be English and others 
Scotch. 

It is estimated that between 5,000,000 and 6,000,000 acres of public land are 
now illegally fenced, and that several millions of acres are fraudulently entered. 

Relative to the fraudulent entries of land, a land agent in New Mexico informs 
the General Land Commissioner that of the entries in that Territory ninety per 
cent, are fraudulent, and another agent in Dakota, writing upon the same subject, 
says that seventy-five per cent, of the entries are fraudulent in that Territory. The 
following table shows the number of fraudulent entries that have been investigated 
during the past year, and approximately the number of illegally fenced acres in 
the various States and Territories : 

States and Fraudulent Acres Illegally 

Territories. Entries. Fenced In. 

Arkansas 70 

Dakota 460 

Colorado 808 2,800,000 

California 139 

New Mexico 827 1,500,000 

Minnesota 311 , 

Washington Territory 109 

Idaho 92 

Nebraska 170 300,000 

Montana 24 Not investigated 

Wyoming 10 250,000 

Alabama 153 

Wisconsin 10 

Florida 71 

Oregon 83 " 

Kansas 182 200,000 

Nevada 60,000 

Besides the cases embraced in the foregoing table there are about five thousand 
entries on which action has been suspended until an examination can be made by 
special agents. 

J. W. McFarland, of Harper, Kan., writes to the Land Office : 
In the name of God I ask is this a republican form of government, when the 
poor man, with barely enough to keep soul and body together and pay for his 160 
acres of land must pay the taxes of the country and the cattle king go free. If so, 

1 was a big fool to spend three years of my life to defend such a country. 



224 THE OVERTHROW OF MONOPOLIES. 

In the State of Colorado alone the administration of the law has been so lax 
that 2,157,000 acres of Government land have been illegally fenced in. This 
would provide homesteads for 13.481 heads of families, and could maintain easily 
a population of 75,000 people. The following is the table : 

ACRES. 

Leivesy Brothers, Pueblo and Fremont Counties, R. 66 and 67, T. 20 and 21 . . 150,000 

J. W. Frank, Pueblo County, R. 65 and,66, T. 20 and 21 40,000 

M. Stute, Pueblo County, R. 65, T. 13 and 19 20,000 

E. C. Tane, Pueblo County, R. 63 and 64, T. 19 and 20 50,000 

Garnett & Langford, Pueblo County, R. 62 30,000 

A. D. Carpenter, Pueblo County, R. 62 and 63 20,000 

John Ross, Pueblo County, R. 61 and 62 . . 20,000 

John Herchberger, Pueblo County, R. 60 [0,000 

Crook & Carlisle, Pueblo County, R. 59 and 60 10,000 

McDaniel & Davis, Pueblo County, R. 60 and 61 75, 000 

Rantchler & Lamb, Pueblo County, R. 60 and 62 40,000 

John W. Prowers, Bent County 200,000 

Prairie Cattle Company, Bent and Las Animas Counties 100,000 

Arkansas Valley Cattle Company, Bent and Las Animas Counties 1,000,000 

Vrooman & McFife, Bent County 50,000 

J. W. Swink, Bent County, R. 56 and 57 10,000 

Hopkms & Bingham, Bent County 30,000 

Beatty Brothers, Bent County 40,000 

J. W. Patton, Bent County 5,000 

H. Bert, Bent County 5,000 

A. C. Poke, Bent County . 3, 000 

J. L. Metch, Bent County 5,000 

James Pratt, Bent County 3, 000 

H. Thompson, Bent County 2,000 

Reed & Foster, Bent County 2,000 

Ed. Wah, Fremont County 10,000 

William Gorman, Fremont County 2,000 

Witcher Brothers, Fremont County 20,000 

Reynolds Cattle Company, Fremont County 50,000 

A. Steel, Fremont County 10,000 

Ed. Burnett, Fremont County 5, 000 

Henry Berris, Fremont County , . . 20,000 

Freeman Brothers, Pueblo and Fremont Counties 20,000 

R. Pope, Fremont County 2,000 

G. E. Phillips, Fremont County 2,000 

James Errers, Fremont County 2,000 

B. Berry, Park County 25,000 

B. Hammond, Park County 2,000 

W. R. Smith, Park County 15,000 

Early Brothers, Park Comity 12,000 

J. Mulock, Park County 20,000 

J. Simms, Park County io,coo 

Thomas Robbins, Park County 10,000 

The Democratic party, in convention assembled, pledges itself to the 
preservation of the public lands for actual settlers. Its record in Congress has 
been given, and shows a determination to exact the forfeiture of all unearned 

lands granted to railroads. Upon this vital question, as upon all others, it is, not 
by profession merely, but by practice, the true anti-monopoly party. 



PROTECTION OF LABOR. 225 



Protection of Labor. 

Labor Bills. 

The action of the House of Representatives of the 48th Congress on questions 
affecting the material well being of workingmen was highly commendable. One 
of its first acts was to constitute a Committee on Labor to consider and perfect 
such measures for action. And this action is in marked contrast with the refusal 
of the 47th Congress to create such a committee. It is well known that repre- 
sentatives of the leading labor organizations applied to Speaker Keif er for the crea- 
tion of a Committee on Labor, and, failing in that, for the appointment on the 
committee, to which what are known as the labor bills would be referred, of 
members known to be familiar with the wants and in sympathy with the wishes 
of workingmen. No Committee on Labor was created by the Republican Con- 
gress, nor were the members suggested appointed on the committee having the 
bills in charge. As above stated a committee en labor was created by the 
present Congress and men appointed on it who were known as friends of the 
workingmen, among them being Mr. Hopkins of Pa., Mr. Foran of Ohio, a 
cooper by trade, Mr. Lovering of Mass., formerly an operator in a shoe factory, 
and Mr. O'Neill of Mo., well known as an eloquent advocater of the rights of 
workingmen. From this committee were reported, 1, the bill to establish a 
bureau of labor; 2, the bill to prohibit the importation of foreign labor under 
contract; 3, the bill to enforce the eight hour law; 4, the joint resolution de- 
claring in favor of the employment of residents and citizens of the U. S. 
in the Construction of the public works of the governmant; 5, the joint resolu- 
tion proposing an amendment to the Constitution of the U. S. prohibiting any 
State from contracting with any person or corporation to hire or contract out the 
labor of prisoners; 6, the bill for the abolition of the contract labor system, so far 
as the prisoners of the U. S. are concerned; and 7, the bill granting leave of ab- 
sence to the employes of the Government Printing Office. The bill to grant leave 
of absence to letter carriers, the bill to make effective the act prohibiting the im- 
portation of Chinese laborers, the bill to prevent the unlawful occupancy of the 
public domain, and various bills to forfeit unearned land grants were reported 
from other Committees of the House. 

Of these measures the bill to establish a bureau of labor because a law, and is in 
the words following : 

Beit enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That there shall be established in the Department 
of the interior a Bureau of Labor, which shall be under the charge of a Commis- 
sioner of Labor, who shall be appointed by the President, by and with the consent 
of the Senate. The Commissioner of Labor shall hold his office for four years, 
and until his successor shall be appointed and qualified, unless sooner removed, 
and shall receive a salary of three thousand dollars a year. The Commissioner 
shall collect information upon the subject of labor, its relation to capital, the 
hours of labor, and the earnings of laboring men and women, and the means of 
promoting their material, social, intellectual, and moral prosperity. The Secre- 
tary of the Interior, upon the recommendation of said Commissioner, shall appoint 



15 



226 PROTECTION OF LABOR. 

a chief clerk, who Shall receive a salary of two thousand dollars per annum, and. 
such other employees as may be necessary for the said Bureau : Provided, That 
the total expense shall not exceed twenty-five thousand dollars per annum. Dur- 
ing the neccessary absence of the Commissioner, or when the office shall become 
vacant, the chief clerk shall perform the duties of the Commissioner. The Com- 
missioner shall annually make a report in writing to the Secretary of the Interior 
of the information collected and collated by him, and containing such recom- 
mendations as he may deem calculated to promote the efficiency of the Bureau. 
Approved, June 27, 1884. 

The bill to prohibit the importation of foreigners and aliens under contract to 
perform labor in the United States, passed the House, June 19, 1884, by a vote of 
102 to 17. The report accompanying the bill says 

" The bill in no measure seeks to restrict free immigration. Such a proposition, 
would be, and justly so, odious to the American people. The foreigner who vol- 
untarily and from choice leaves his native land and settles in this country with 
the intention of becoming an American citizen, a part of the American body poli- 
tic, has always been welcome to our shores. As a recent writer well said — 

Such an immigrant by his coming to this country gives us a certain assurance as to his ability to 
take care of himself, and to hold up the standard of social well being 'which he finds already 
existing among our working classes. 

Such an immigrant comes here because the institutions of the country are in 
consonance with his social and political ideas, and because of the advantages 
and opportunities afforded by the extent of our domain and its material resources. 
He comes to better his social and financial condition, to take advantage of the 
facilities which he finds here; and as he comes of his own volition, by his own 
means, and from choice, he always exacts for his labor the highest rates which 
the market affords. No one is injured by his coming, and as he generally makes, 
a good citizen, the State is benefited by the acquisition. These immigrants are 
generally of a higher class socially, morally, and intellectually, and have aided 
largely in the development of our industries and the material progress of our peo- 
ple. With this class of immigrants this bill has no concern. Its object is to re- 
strict and prohibit the immigration or rather the importation of an. 
entirely different class of persons, the immigrant who does not come 
by "his own initiative, but by that of the capitalist." It seeks to re- 
strain and prohibit the immigration or importation of laborers who- 
would have never seen our shores but for the inducements and allurements 
of men whose only object is to obtain labor at the lowest possible rate, regardless 
of the social and material well being of our own citizens and regardless of the 
evil consequences which result to American laborers from such immigration. 
This class of immigrants care nothing about our institutions, and in many in- 
stances never even heard of them ; they are men whose passage is paid by the 
importers ; they come here under contract to labor for a certain number of years ; 
they are ignorant of our social conditions, and that they may remain so they are 
isolated and prevented from coming into contact with Americans. They are 
generally from the lowest social stratum, and live upon the coarsest food and in 
hovels of a character before unknown to American workmen. Being bound by 
contract they are unable, even were they so disposed, to take advantage of the 
facilities afforded by the country to which they have been imported. They, as a 
rule, do not become citizens, and are certainly not a desirable acquisition to the 
body politic. "When their term of contract servitude expires, their place is sup- 
plied by fresh importations. The inevitable tendency of their presence amongst 
us is to degrade American labor and reduce it to the level of the imported pauper 
labor. 

The demand for the enactment of some restrictive measure of this character 
comes not alone from American workingmen, but also from employers of labor 
in America. The employers of labor, who from inability or from patriotic mo- 
tives, employ only American workingmen, are unable to compete in the market 
with the corporations who employ the cheap imported labor. 

As an evidence of the truth of this proposition, the glass manufacturers of 
Pittsburgh, including all the large employers of labor in that industry, in Janu- 
ary, 1880, denounced the action of the manufacturers west of Pittsburgh in- 
importing European workmen in place of discharged American workmen. 



PROTECTION OF LABOR. 227 



This evil has become so extensive, alarming, and great, that the attention of 
our foreign consuls has been directed to it. 

Henry Sterne, Esq., United States Consul at Buda-Pesth, Hungary, says • 

There seems to be an agency at work, which by misrepresentations induces people to leave their 
homes who will not better their condition thereby, nor benefit the country which receives them. 
People inquire by letter and in person at this consulate about this agency of which they have h«ard 
or read. Some even claim that this consulate has instructions from the United States Government 
to assist people in immigrating. I am under the impression that the United States Government 
does not approve of immigration brought about by such irregular means, and of the character de- 
scribed, and, therefore, beg leave to suggest whether steps could or should not be taken to correct 
the evil, if I may be permitted to term it such. Ihave information that agents are managing the 
business a good deal in the manner of the Coolie trade, and that these immigrants are 
shipped to the -rsTTED states about eike so MANX cattle. (See State Department Report 
1881-82.) 

Count Esterhazy, an intelligent, cultivated Hungarian, at present Austrian 
consul to this country, who has established a bureau for the protection of Hun- 
garian immigrants, says : 

There is no doubt that a contract system is being carried on, and I believe it has reached larger 
proportions than any one believes. Certain it is that great numbers of immigrants are landed on 
these shores who are owned by capitalists. As far as I know, persons who have been so imported 
are satisfied; but this fact does not apologize for the system. I have long endeavored to discover 
who the parties are who obtain the immigrants on the other side, but have thus far been unsuc- 
cessful. I certainly hope that Congress will pass some law to put a stop to such immigration. 

Superintendent Jackson, of Castle Garden, says, speaking on this subject: 

I have no doubt that this system is carried on to a great extent by corporations 
in this country who have their agents abroad. Every now and then large gangs 
of laborers arrive, all bound for the same town. They are generally taken 
in charge by some person or persons who come here to meet them. Some few 
weeks ago a party composed of about sixty Irish and German girls ar- 
rived, all of whom were going to one of the large silk manufacturing establish- 
ments in New Jersey. I do not know whether they had contracted with any per- 
sons, but presume they had done so. No one will undertake to send persons to 
this country free of charge without some guarantee that certain services will be 
performed in lieu of the price of such passage. We have never received any 
complaints from the persons who have been imported here, but nevertheless Ihave 
no doubt that such a slavery system is being carried on. 

Mr. Tuke, of the Tuke immigration committee of Great Britain, a short time ago 
wrote a letter to the London Times, and after referring to the immigrants whose 
passage had been paid to America from the Tuke fund, said : " Many instances 
are cited in which immigrants are returning their passage money." Whether 
they had done so because they had been transported under agreement or contract to 
perform labor here, and were to a certain extent compelled to return their passage 
money, does not appear, but it is more than probable that such was the case. In 
one year (1883) this Tuke immigration committee "assisted" or rather transported 
3,600 persons to the United States. It is more than questionable whether these as- 
sisted immigrants, even if they do not come under contract, are a desirable ac- 
quisition to our population. This government is certainly under no moral obli- 
gations to care for and maintain the pauperized victims of the misrule and tyranny 
of foreign powers, whether brought here by contract or by the monopolies of 
America, or assisted here by the governments whose policy reduced them to 
pauperism. 

Mr. John Swinton, of New York city, in a recent issue of his paper, states that 
in the lower quarters of New York city there are^quite a number of firms engaged 
in trafficking in human flesh; they are, as a rule,engaged in the "banking business," 
but their ventures in the slave traffic are quite extensive. Going into one of these 
establishments for the ostensible purpose of securing Italian laborers for an iron 
company, the agent stated, in answer to an inquiry, that during the time they bad 
been in business, jfowrfee/z thousand Italians had been brought to this country under 
contract, six thousand of whom had returned to Italy. It was further stated that 
they had agents at Naples; that the American companies paid the passage of the 
men from Italy, and their fare from New York to destination, which amount, the 



228 PROTECTION OF LABOR. 

imported Italian agrees to pay back with 6 per cent, interest. The men are 
shipped from New York to destination by the car load, cars being chartered for 
that puipose. The men receive from the American companies from $1 to $1.25 
per day. Mr. Swinton also states that the Hudson River Iron and Ore Company 
in Linlithgow, Columbia County, New York, had in June, 1883, a large number 
of Hungarian laborers employed at one dollar per day; they were paid monthly, 
fifteen days being invariably retained by the company. The men were huddled 
together in shanties, and live mainly upon rye bread and potatoes. They had 
been brought there under contract to fill the places of American workingmen to 
glut the market and thus depresswages. 

The testimony of those who have observed the habits of these men imported 
under contract is uniform as to their habits. " In respect to economy and frugal- 
ity they greatly resemble the Chinese. One of them will walk miles, if necessary, 
to a butcher's shop and carry off thankfully the offal and refuse given them. The 
women assist the men, and do fully as much work. Children of both sexes not 
more than five years of age assist their mothers in loading the coke cars. Nearly 
everything they eat is boiled in a pot brought from Hungary. As many as forty 
are known to live in a single hut of two small rooms." 

Free American workingmen, with American ideas, culture and intelligence, 
cannot possibly compete with these people. The situation is essentially parallel 
to that which induced Congress to prohibit the importation of the Chinese, 
Italians and Hungarians are now brought to this country in precisely the same 
manner that the importation of Chinese was begun seventeen years ago. The 
Chinese were brought to California under contract and then hired out to the 
Union Pacific, Central Pacific, and other railway companies. Italians have been 
brought here in the same way to work for the Nickel Plate, Ohio River, and 
other railway companies in the Eastern, Southern, and Middle States. If it 
became necessary to protect the American workingmen of the Pacific slope from 
the disastrous and debasing competition of Coolie labor, the same argument now 
applies with equal force and pertinency to the importation of pauper labor from 
Southern Europe. 

The extracts from the able report of Mr. Foran which have been quoted show 
clearly the gravity of the danger threatening American workingmen and the 
imperative need of legislation for their protection. The following resolution 
was adopted by the Window Glass Manufacturers' Association, held at "West End 
Hotel, Long Branch, July 11, 1883 : 

On motion of Mr. Gorsuch it was resolved, by a vote of 13 to 8, that the 
treasurer be authorized to pay a sum not exceeding thirty dollars per man for 
each blower or gatherer brought over from Europe.after August 1, 1883, provided 
the same be employed by some member of this association, and provided they are 
not workmen who have been in this country within the twelve months last past. 

Appended to the report is a summary of the testimony taken by the committee, 
extracts from which are here given : 

Mr. T. V. Powdeelt, of Scranton. Pa., master workman of the Knights of Labor of the United 
States, representing 500,000 workingmen who are interested in several bills which are before Con- 
gress, testified as follows : 

" I am interested in the eight honr law, the land bill, and bill on imported labor nnder contract 
introduced by Mr. Foran. These imported men show no disposition to become citizens of this 
country, but, on the contrary, seek to obtain a certain sum of money, which they consider a com- 
petence, and with it return to Italy or Hungary. I have seen eight of these people and one 
woman living in a small house, without beds or furniture, sleeping on the floor, and have been in- 
formed by reliable authority that these nine persons 1 expenses for one month was only $27. I have 
seen them in the Frostburg region of Maryland, where they had been brought by agents, who en- 
gaged them at Castle Garden, living in a wooden building, sleeping on bunks, this building being 
fenced in to prevent them being communicated with by the people whose places they had taken. 



PROTECTION OF LABOR. 229 



The diet of these men was water and mush, with a small quantity of meat on Sunday. These men 
are brought into competition with skilled as well as unskilled labor, and it is fast becoming as bad 
as the competition of the Chinese in the West. A demand is now going up for an amendment of 
the Chinese bill in such particulars as it has been shown deficient." 

William: Leach, of Malaga, N. J., of the W. G. W. A., said: 

"I was at Malaga last year when certain Belgians were brought to that place. It was our duty 
to find out from them if the situation of affairs at Malaga had been made known to them 
before they came, or whether it had not been misrepresented to them. When we attempted to ob- 
tain this information the company had thirty-five of us enjoined by the courts from interfering 
with them. The window glass workers were ordered out of their homes in midwinter and com- 
pelled to move. Last spring we went to work, the Belgians in one factory and the citizens in 
another. They have since left Malaga, the firm having changed managers." 

Exile Bouillet, of Zanesville, Ohio, W. G. W. A., said : 

" I was hired at Antwerp by an agent of Dean F. Williams, of Zanesville, Ohio, who came for a 
set of men (sixty). When I went to see him I asked him why he came to Europe for men. He 
replied ' that men were scarce and work plenty in the United States.' I told him we would expect 
the same wages paid in the United States. He said ' tiey would pay the New York tariff.' When 
we arrived at Zanesville we discovered that the New York tariff was 25 per cent, less than the reg- 
ular price. I complained to the company of this misrepresentation and they answered that ' they 
did not authorize the payment of more that what they were then paying.' At Kent the company 
did not pay the price agreed upon. They brought them to Kent on a contract for three years. 
The men were not permitted to associate with American workingmen lest they might find out the 
true state of affairs. Two of these men were arrested and put in jail for some days for violating 
this contract. When we arrived, a friend of one of us was met by a man whom he knew in Europe. 
As soon as they commenced to talk the manager ordered the arrest of the party. When we ar- 
rived at Mansfield, Ohio, a member of the firm came into the car and inquired if any of us could 
speak English; I answered that 'my father and I could.' He then warned us not to talk to 
the men." 

Question by member of committee. What is the difference between the wages paid these 
foreigners and Americans ? 

Answer by John Schlicker. Between 28 and 50 per cent, 

Question. Did any of these people show a disposition to become citizens ? 

Answer. I think not. 

William F. Bakclat, representing the miners of the coke region of Pennsylvania, said: 

"We have a great many of these so called Hungarians. They are not Hungarians, but Sla- 
vonians. They are not brought to our region on a written contract. There is an agency in Pitts- 
burgh and in New York for the employment of these people, and to send them where they are 
called for. We are against the importation of these people because their influence is degrading. 
Firms employ these people in preference to Americans or other emigrants. They are easily im- 
posed upon, not 5 per cent, of them being able to read. They perform this soft coal mining very 
well, as it requires little skill. They have usually about one woman to every ten men. Their 
habits are disgusting in the extreme. I saw and counted one day thirty-five women and children, 
employed forking coke and working about the ovens; the children poorly clad, of every age rang- 
ing from five years upward. They do not work on Sunday. To illustrate how they live : A yard 
boss, who went to get men to work, got thirty-seven men out of a house containing four small 
rooms. They had no beds, but laid on the floor, heads and tails, I suppose. 

" I never knew one of these men to stay in the country. They spend comparatively nothing, 
Baving their money to return home; even when sick they go to the poorhouse, until at last the 
authorities refused to longer entertain them while they had money. They will eat anything. They 
hang their meat out in the sun, that it may become soft and tainted. The business men of the 
region are opposed to them. They get the same wages as the Americans, except when they work 
by the day; then they are paid 33 per cent, less, which is all they are worth. This importation has 
reduced the price of mining, and makes it impossible for the men to do other than submit to what- 
ever the operators demand or require of them, regardless of its justness. The condition of the 
miners and cokemakers generally is aggravated by the company stores which abound in the dis- 
trict. I priced potatoes before I left, and could have bought them of an outside dealer for fifty 
cents per bushel, while the price in the company stores is eighty cents per bushel. If the men do 
not deal in the store they are discharged. 

" I never met one of these Slavonians who could speak English. We tried to organize the men 
to enforce the statutes of Pennsylvania, but it was a failure. The companies discharged the men 
who were active in the matter. They were blacklisted and refused work throughout the region. 
I was urged at another time to get up a strike by one of the operators so that the price of coke 
might be raised. 



230 PROTECTION OF LABOR. 



"The Hungarians are paid sixty cents per ton, but they are so igaorant that they do not know 
what a ton is. The miners are wet, and these people work from 1 o'clock A.M. to 7 P.M. for a day. 
Americans and more skilled workmen could do the some amount of work in eight hours, but all 
have to wait on the wagons, the filling of which is delayed by these men, thereby putting the 
skilled and the unskilled on an equality. We dare not lay our grievance before the coke manufac- 
turers, for whoever does so will be immediately discharged. We are opposed to strikes, as they 
are of no use, and could not succeed with us while these people are in this state of ignorance. 
Our citizens and merchants are leaving the region. The conditions are becoming insufferable. 
The works run from two to five days per week, and the wages paid about $1.25 per day, or gen- 
erally eight tons at thirteen cents per ton. The coke manufacturers are now trying to form a 
syndicate, that they may monopolize the coke business. There are some manufacturers who will 
not employ these foreigners, one of whom lives in the region." 

William Ashton, of Philadelphia, Pa., W. G. W. A., said: 

" My information is in regard to importation of foreigners to Baltimore, Md. These men were 
brought under a contract; they were window glass blowers. The first importation took place in 
1879; forty-eight were then brought over by Ssvindell Bros. The following year Baker Bros, im- 
ported seventeen, King Eros, twenty-two, and Swindell Bros, twenty-three. The first importation 
occurred during a strike ; there was no strike when the second importation occurred. Some of 
the foreigners refused to work and were arrested, but discharged before a hearing was had; their 
clothing was retained by the firm and it was weeks before they could secure it. They were kept 
locked in houses, when not working, and could not be seen by the Americans. Most of them have 
since returned home, some being sent by the glassblowers' association, and some by the Belgian 
consul, who complained bitterly of the treatment they received. The effect of their importation 
was the reduction of wages about 12 per cent. An injunction was issued against the American 
workmen from interfering with them and made perpetual by Judge Brown, of Baltimore. Before 
these men were imported we had as good a set of American workmen as could be found anywhere. 
The system in vogue in Europe and America differs materially. The Europeans work according to 
old methods and processes; in fact, they bring their tools and moulds with them. The European 
workman cannot turn out within 35 per cent, as much ware as the American workman, and as a 
result do not or are not able to fulfill their contract, hence the employers are at liberty to pay 
them what they please." 

Val Haas, Baltimore, Md., W. G. W. A., said: 

" The situation was misrepresented to them; some of them, when the exact situation was ex- 
plained to them, quit. Two Germans who quit work were refused their clothes and were arrested. 
I have been called up at night by these men to explain to them the trouble, as we could not get 
near them or they near us, so that an understanding might be had. They were under constant 
police surveillance, and we were enjoined from interfering with them. These foreigners were 
natives of France, Belgium and Germany; they were brought in three different parties. In 1879, 
Baker Bros, brought forty-eight, and King & Bros, twenty-five. Baker Bros, brought a second lot 
of twenty-five, and King & Bros, and Swindell & Brcs., twenty-three. Previous to this last im- 
portation there was no strike; some cf these men are here yet, others have gone away. The 
effect has been a 12 per cent, reduction of wages." 

Charles Leffler, Baltimore, Md., W. G. W. A., said: 

" My statement is substantially the same as Messrs. Ashton and Haas. Mr. Swindell says he 
does not want the foreigners anymore; they accomplished the object intended — the reduction 
of wages." 

J. Campbell, of Pittsburgh, Pa., said: 

" We have no objection to these men coming here voluntarily, but we object to them coming 
under contract, and to reduce American w r ages." 

John Schlicker, of Pittsburgh, Pa., W. G. W. A., said : 

" The difference in working in the glass industry in this country and Europe consists in the fact 
that there they have two factories and work eleven months a year. I have worked in glass works 
for 30 years and have not averaged eight months per year in that time. The difference in wages is 
not material, when all things are considered, between this country and Europe. At Kent, Ohio, 
these imported men are working on Sunday.'''' 

Fred. Turner, of Philadelphia, Pa., secretary of Knights of Labor, said : 

" It is the universal sentiment that the bill of Mr. Foran should be passed. The importation cf 
foreign workmen is getting as bad as that cf the Chinese. We have not the slightest objection to 



PROTECTION OF LABOR. 231 



their voluntary coming. The African slave was better off than are these people under some of 
these contracts. The slave had some one to look after his welfare; these people have not. We 
present a petition to the committee containing 35,000 names of persons who pray for relief by the 
.passage of a hill to remedy this matter." 

Frank Porter, of Cambridge, Mass., cotton mill, said : 

" I voice the sentiment of New England and ask that Mr. Foran's bill be passed. The manufac- 
turers of New England have imported men, time after time, during strikes, from England, Ireland, 
Scotland, and Canada, whether under contract or not we are not able to prove, but we believe 
they were imported under contract. The Canadians, as a rule, do not become citizens, but return 
to Canada." 

John S. McClelland, Hoboken, N. J., telegraph operator, said : 

" I was one of the men who participated in the late strike of telegraph operators. The telegraph 
companies would have imported foreign telegraphers if they could have gotten them. They could 
not get them from England as there they are in Government service, and if they once leave, when 
they return they are forced to begin at the bottom." 

F. C. Morgan, of Washington, D. C, said : 

" I saw an agent, when I was in Brazil, in 1879, trying to engage the natives of Brazil to come to 
the cotton fields of the United States. I do not know that he engaged any who went." 

John Costello again said that these imported workmen signed contracts, waiving the benefits 
of the statutes of Pennsylvania, which were passed for the protection of workmen, and thereby in 
their ignorance injuring the workingmen and nullifying the salutary laws of Pennsylvania, which 
-were enacted to protect the workmen from the avarice of greedy manufacturers. 

Copies of agreements with foreign workmen, executed in Belgium. 

No. 1. 

(Original in English.) 

Agreement made by and between the firm of Day, Williams & Co., of Kent, Ohio, of the first part, 

and each of the signers hereto of the second part, exactly as if a separate agreement were made 

between said firm and each of said signers. 

Each of the signers of the second part agrees and promises to work for the said first party at the 
"business of window glass making for the term of three (3) consecutive years beginning January 1, 
.1880, and to faithfully perform his duties ; shall be paid the wages currently paid by the New York 
State manufacturers. Said first party agrees that the wages of each flattener shall be not less than 
at the rate of sixty (60) dollars per calendar month, and that the wages of each cutter shall be not 
less than at the rate of fifty (50) dollars per calendar month for work actually performed, or during 
the fire. It is agreed that said first party shall retain ten (10) per cent, of the wages of each and 
every workman until the expiration of this contract, as a guaranty of its faithful performance ; 
said ten (10) per cent, to be forfeited by each and every workman who shall fail to perform the 
conditions of this contract. It is also agreed that said first party shall advance the passage money 
of the party of the second part to Kent, Ohio, and that in case any workman shall fail to perform 
the conditions of this contract, he shall repay to said first party the amount of said passage money. 
It is also agreed that said first party shall have the right to discharge any workman who shall 
.neglect his work through drunkenness or idleness, or who shall attempt to create dissatisfaction 
among the workmen. The said Day, Williams & Co., its successors and assigns, however con- 
stituted, shall always be taken as the party of the first part. 

Signed by said first party by its firm name and by each of the signers of the second party by his 
own name, as of this second day of December, 1879. It is agreed that the flatteners shall receive 
,$30 (thirty dollars) per month for all work done other than flattening. 

DAY, WILLIAMS & CO. 
HENRY PIERRE. 
ADOLPH BRESSON. 
AUG¥ST COENEN. 



232 PROTECTION OF LABOR. 

No. 2. 

(Original in German.) 

Agreement between the firm of Swindell Bros, of the first part, and John Schmidt, gatherer, and 
Carl Wagner, blower, of the second part. 

The undersigned, of the second part, covenants and agrees with the party of the first part that 
they will for two consecutive years, beginning January 1st, 1882, work and duly perform such 
duties as instructed by the party of the first part, or his superintendents. The party of the first 
part covenants and agrees to pay the undersigned, who may duly perform their duties, the price 
generally paid by Baltimore manufacturers for the size of 16 by 24 inches, and all sheets shall be 
estimated at 8 sheet of 36 by 54 in. for 100 square feet. The party of the first part covenants and 
agrees that the wages of each glass blower shall be an average of $80 per calendar month, on con- 
dition that he makes 180 boxes of 100 square feet per calendar month. 

The gatherer shall receive 65 per cent, of the sum paid the blower for wages per calendar month 
for actual work performed during the fire. It is agreed that the party of the first part shall retain 
10 per cent, of the wages of each and every workman until the expiration of this contract as a 
guarantee of the faithful performance of the provisions of this contract. The aforesaid 10 per 
cent, shall be forfeited by each and every workman who shall fail to comply with the provisions of 
this contract. 

It is further agreed that the party of the first part shall advance the passage money of the par- 
ties of the second part. 

It is further agreed that the party of the first part have the right to discharge any of the work- 
men for drunkenness, or neglect of duty, or for disturbing the peace, or creating dissatisfaction 
among them, or for joining any association of American workmen. 

The said Swindell Bros., their heirs and assigns, shall be considered the parties of the first part, 
and they agree to pay each blower $12 per week and the gatherer $9 per week, on condition that 
each perform his work faithfully at every blowing. The parties of the first part agrees to make 
monthly settlements with the parties of the second part, after the advances for passage, &c, shall 
have been repaid. Provided you faithfully perform your work for the term of contract (two 
yeari), we will pay back the passage money from Europe to America. 

Antwerp, Dec. 15, 1882. 

SWINDELL BROS, 
YOHONN SCHMIDT, 

Gatherer. 

CARL WAGENER, 

Blower. 

Notwithstanding the admitted necessity for the speedy passage of this bill the 
Senate failed to take action on it. 

The hill relative to the Eight-hour act was amended and passed by the House. 
The Senate took no action. The other measures are on the calendar for consid- 
eration next session. At no session of Congress has so much attention been 
paid to measures for the benefit and protection of the wage worker of the 
country. 

In contrast with the zeal of the Democratic House on Labor questions is the 
neglect and indifference of the Republican Senate ; the failure of the 47th Con- 
gress to take action on labor measures ; the utter disregard by the administration 
to enforce the plain mandates of the Eight-hour law; the failure to stop the im- 
portation of contract labor, and the opposition to the Chinese bill. The feeling 
of that party was shown by the act approved July 4, 1864, for which it is pre- 
sumed Mr. Blaine voted, as there as there is no vote recorded against it. Con- 
cerning this act Mr. O'Neill, of Missouri, said, June 19, 1884: 

' ' I wish now to refer to one of the curiosities of American legislation which 
has attracted my attention. In an act entitled "An act to encourage immigra- 
tion," approved July 4, 1864, I find the following provisions: 

Be it enacted, &c., That the President of the United States is hereby author- 
ized, by and with the advice and the consent of the Senate, to appoint a commis- 



PROTECTION OF LABOR. 233 

sioner of immigration, who shall be subject to the direction of the Department 
of State, &c. 

The remainder of that section relates only to clerks, salaries, and tenure of 
office, but the second section is very interesting: 

Sec. 2. And be it further enacted, That all contracts that shall be made by emi- 
grants to the United States in foreign countries, in conformity to regulations that 
may be established by the said commissioner whereby emigrants shall pledge the 
wages of their labor for a term not exceeding twelve months, to repay the ex- 
penses of their emigration, shall be held to be valid in law, and may be enforced 
in the courts of the United States or of the several States and Territories; and such 
advances, if so stipulated in the contract, and the contract be recorded in the Re- 
corder's office in the county where the emigrant shall settle, shall operate as a 
lien upon any land thereafter acquired, until liquidated by the emigrant, whether 
under the homestead law when the title is consummated, or on property otherwise 
acquired by the emigrant ; but nothing herein contained shall be deemed to au- 
thorize any contract contravening the Constitution of the United States, or cre- 
ating in any way the relation of slavery or servitude. 

Why insert the words "creating in any way the relation of slavery or servi- 
tude " but for the reason that they well knew that it was a death blow aimed at 
American workmen at the instance of wealthy capitalists whose only excuse was 
their greed ? 

At a time when the Republican party was in full control of all branches of the 
Government it became a law, and is a pioneer work in encouraging the introduc- 
tion of alien imported labor, to destroy American labor. And yet at the national 
convention recently held at Chicago they incorporated in their platform a 
provision condemning the importation of aliens under contract to perform labor 
in the United States. How consistent ! 

A Member. What is the date of that act ? 

Mr. O'Neill, of Missouri. July 4, 1864 ; and I believe it remained a law for 
many years, though an appropriation could never be obtained to carry it into 
effect. 

Now, the 4th of July was a patriotic day to plant in the statute books of 
this country the most infamous law that could be framed, and which meant no 
more than servitude, which meant to create a lien on everything that an unfor- 
tunate immigrant could acquire after he came here in response to their desire for 
cheap labor. I think it proper to refer to that, when I see this canting, hypocritical 
party now masquerading before the country as having been always the friend of 
labor ! Heaven save workingmen from such friends, which even at this session, 
in the branch of legislation that they control, have emasculated the labor bureau 
bill demanded by every labor organization of the country. 

What a contrast is presented in the present Democratic House, creating for the 
first time in Congress a distinct committee on labor, a majority of which com- 
mittee I am proud to say are men who worked at the bench as mechanics, and 
who know from experience exactly what the workingmen of this country desire, 
and who have favorably reported back every measure demanded by the labor 
interests. They are not demagogues, as gentlemen on the other side wouldseen 
to intimate, and they tell you here to-day, sir, that while the constitutional 
lawyers in this House may find -flaws in this bill the principle is right, and that it 
is exactly what the mechanics of this country ask for at your hands. 



234 PROTECTION OF LABOR. 

THE CHINESE QUESTION. 



Party lines were not strictly adhered to in the consideration of the Chinese 
bill, but the record of the debates and votes in both the Senate and House shows 
the Democratic party is entitled to the chief credit for the earnest stand it made 
against the degradation of American labor and the impending danger to Ameri- 
can society and theories of government. 

The Republican sentimentalism upon this serious question, which should be 
considered from the standpoint of practical statesmanship, was expressed by 
Senator Hoar in his speech in the Senate March 1st, 1882. 

He said : 

"Mr. President: A hundred years ago the American people founded a 
nation upon the moral law. They overthrew by force the authority of their 
sovereign, and separated themselves from the country which had planted 
them, alleging as their justification to mankind certain propositions which 
they held to be self evident. 

"They declared — and that declaration is the one foremost action of human, 
history — that all men equally derive from their Creator the right to the pur- 
suit of happiness; that equality in the right to that pursuit is the fundamen- 
tal rule of the Divine justice in its application to mankind; that its security 
is the end for which governments are formed, and its destruction good cause 
why governments should be overthrown. 

********** 

"The insertion of the phrase 'the pursuit of happiness,' in the enumera- 
tion of the natural rights for securing which government is ordained, and 
the denial of which constitutes just cause for its overthrow, was intended as 
an explicit affirmation that the right of every human being who obeys the 
equal laws to go everywhere on the surface of the earth that his welfare may 
require is beyond the rightful control of government. It is a birthright de- 
rived immediately from Him who * made of one blood all nations of men for 
to dwell on all the face of the earth, and hath determined the times before 
appointed and the bounds of their habitation.' He made, so our fathers held, 
of one blood all the nations of men. He gave them the whole face of the 
earth whereon to dwell. He reserved for Himself by His agents heat and 
cold, and climate, and soil, and water, and land to determine the bonds 
of their habitation." 

The Democratic doctrine was well expressed in the House on the 22d of 
March, by Mr. Tucker, of Virginia, who said : 

"It is said by gentlemen here, and I heard the honorable gentleman from 
Iowa [Mr. Kasson] this morning say, that this bill was contrary to the great 
principles of American policy ; which is, to let everybody come at his pleasure 
to this f land of the free and this mome of the brave,' to this asylum for the op- 
pressed and the downtrodden everywhere. 

• ' Mr. Speaker, I have a proper sympathy with these sentiments, and while ac- 
cording much to them in our general policy, and giving large privilege to im- 
migrants from other lands, yet when the right to come is claimed for them I pro- 
test against it as no part of our policy, I do not so read the Constitution of my 
country. Look at its preamble : 

We the people of the United States, in order to form a more perfect union, establish justice, in- 
sure domestic tranquility, provide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do ordain and establish the Consti- 
tution for the United States of America. 

"The men who formed that Constitution formed it for the people of the United 
States ; for the people of the several States who were united by the former ar- 
ticles of confederation, but who were to be continued in unity under this Con- 
stitution. 



PROTECTION OF LABOR. 235 

" Gentlemen quote Scripture for their purpose : 

God hath made of one — 

'•That is the new translation contained in the Revision which was admitted free of duty the 
other day, and therefore I may so quote it as by authority of Congress — 

" God hath made of one all the nations of men to dwell upon the face of the earth— 

"Very well, that is all true ; but gentlemen forget to quote the remainder of 
the passage — 

having determined their appointed seasons and the bounds of their habitation. 

" What are these determined bounds ? Asia for the Mongolian and S emetic races; Africa for 
the sons of Ham; Europe for the Caucasians and America, thank God, for the great Caucasian 
family of nations. [Applause.] 

*********** 

"I hold that American statesmen to be the best humanitarian who is a legistor for oar own 
country, who attends to the business and looks to the interests of our own people, and who 
strives for the preservation of the liberty and happiness and prosperity of the citizens of this 
great Union of States. [Applause.] 

*********** 

" And yet what is the doctrine we hear advocated on this floor ? It is that the Chinaman is the 
cheaper laborer, and therefore he should be allowed to come into this country and compete with 
our laborers. And gentlemen who hold to the doctrine (and I desire to call attention to this) that 
we ought to have a tariff high enough to protect the American laborer against the pauper laborer 
of Europe are instant in season and out of season in advocacy of a policy which would import 
millions of the poor laborers of China against whom our laborers at home must run the gauntlet 
of a destructive competition. 

****** ***** 

" With your leave, Mr. Speaker, I will present one other point and then close. This is a graver 
question than one merely of trade. It is a question of the permanence, the peaceful and loving 
permanence of the American Union. The States on the Pacific Coast, separated from us by the 
Rocky Mountains, are open to Asiatic immigration ; we on the Atlantic Coast are open to Euro- 
pean immigration. Now, if these two tides of immigration are allowed to come in to an unlimited 
extent the effect will be that while we on the Atlantic Seaboard will be Caucasian in our civiliza- 
tion the Pacific States will become Asiatic, and how can a union continue between States on the 
Pacific dominated by Asiatic ideas and States on the Atlantic dominated by the free principles of 
the Caucasian family ?" [Applause.] 

Senator Maxey, of Texas, stated the case in the Senate on the 3d of March, as 
follows : 

" Mr. President, I desire to place on record in a very few words the reasons which will control 
me in supporting the measure now before the Senate. I beg to say that in that vote I am not con- 
trolled or influenced by any ecstatic sentimentality or sublimated philanthropy which would cause 
Tne to welcome into this country consecrated to liberty regulated by law, and to Christian civiliza- 
tion, ail the people of all climes and colors and of all nationalities, including Chinese, and without 
regard to their adaptability to our institutions and form of Government. My views have never 
extended that far, but rather I believed that— 

If any provide not for his own, and specially for those of his own house, he hath denied the 
faith, and is worse than an infidel. 

" ' I love my own country better than any other country, and my own race better than any other 
race,' was the sentiment uttered by Mr. Clay, and it expresses precisely the views I entertain, I 
welcome cordially the Englishman, the Scotchman, the Irishman, the Frenchman, the German, and 
men of my own race and color wheresoever dispersed around the globe. They come among us to 
enjoy the blessings of free government, and soon become part of us. They make valuable addi- 
tions to the body politic, but I trust that the refuse and dregs of the countless hordes of China 
will never find a welcome here." 

The Democratic doctrine upon this subject was further expressed by Senator 
Vest of Missouri, who said upon this floor of the Senate, April 27th, as follows : 

" When the junior Senator from Massachusetts, [Mr. Hoar,] for whose learning and eloquence 
I have the greatest respect, (and I read his speech last night, for I was detained from the Senate 
at the time it was delivered; I read it with great pleasure and great attention, ^ declarer that this 
country is to become the great mis a, "onary station of the world, that the Declaration of Indepeud* 



236 PROTECTION OF LABOR. 



ence meant that our institutions were made not for Americans and for their descendants, but for the 
whole world to come here and take possession of this continent, bought with our blood and our 
treasure and that of our fathers, I deny the doctrine, sesthetical as it may be, and much as it appeals 
to the feeling of missionary Christianity among our people. 

" Sir, this is a question of practical statesmanship. I am first for my own people against the 
world. I am first for the American system, which protects the labor and the interest of the Ameri- 
can people before all others. 

" What is this Chinese immigration ? Are they citizens of the United States ? Do they come 
.lere to meet the reciprocal obligation between our people and the Government to which they owe 
allegiance ? I understand the doctrine of government is that government protects the citizen in 
life, liberty and property, and the citizen assumes the responsibilities and duties of allegiance to 
the government, and a part in the government of the country itself. The greatest responsibility 
and the greatest duty of any dweller in these United States is his share in the Government and the 
legislation of this great country. Do the Chinese come here to share in these responsibilities ? 
They are parasites, like those insects which fasten themselves upon vegetables or upon animals 
and feed and feed until satiety causes them to release their hold. They come to this country not 
to partake in the responsibilities of citizenship; they come here with no love for our institutions; 
they do not hold intercourse with the people of the United States except for gain; they do not 
homologate in any degree with them. On the contrary, they are parasites when they come, para- 
sites while they are here, and parasites when they go. 

************* 

" Not in the learned and eloquent speech of the junior Senator from Massachusetts does he meet 
the proposition as I have put it. Nowhere in this whole debate in eitber House of Congress has 
the evidence been brought that the Chinese come here for any other purpose but to fatten upon the 
people of the United States and carry their plunder back with them. They are not of us; they 
are not with us. They cannot be made American citizens by any process known to our laws or 
even to the laws of God himself. They are made for a different destiny. They are crystallized in 
their habits, and their opinions. 

********** * * 

:f Mr. President, for myself, when my people of the Pacific States, blood of my blood and bone 
of my bone, call to me, ' Deliver us from the body of this death, deliver us from this incubus and 
these fungi which are fastened upon us, 1 1 shall not be deaf to the appeal. As Prentiss, of Missis- 
sippi, said once, ' I am first for my own hearth, then for my country, then my State, then for the 
Union, and then for the world.' Sir, in the concentric circles of the human heart comes at last the 
formation of a great Government and a great State. Take away the individuality, the home feel- 
ing, the home love of a man, and what is he ? I oppose woman suffrage because it brings down the 
deity of borne, woman, as wife and mother. I oppose it because it destroys all that is conservative 
and sacred in society. 

" For the same reason, among others, I oppose Chinese immigration. They have no homes with 
tis; they come here to carry back $45, 000,000 annually from the people of California, and leave be- 
hind them only the memory of their vile habits and their most infamous doctrines. 

" To the thrifty German, the generous and gallant Celt, the hardy Scandinavian, to all who come 
to share the responsibilities and work out the problem of our civilization and destiny, to all who 
seek home and shelter in our vast domain, fling wide the portals; but to the people that come not 
for homes or shelter but only for gain, who have no share in our destiny, no love for our institu- 
tions, no reverence for our religion, we have the right to say, and do say, ' You have no lot or part in 
this great matter.' 

In a speech in the Senate, April 25th, Senator Morgan (Democrat) said: 

" There is no mere sentimentality on our side of this question. We are driven by facts which 
we cannot resist or avoid, to the conclusion that it has became a solemn necessity on our part to 
protect the Caucasian race on this continent against the intrusion of the Oriental people. We 
make no war against a man because he is black or white, or red, or yellow; because he speaks one 
dialect or another. Ours is the expression of a firm and solid conviction that the Government of 
the United States under its peculiar organism is designed for a higher class of intelligence and vir- 
tue than that which belongs to the people who are migrating to this country from Asia in such 
swarms. We believe in the sanctity of the patrimony handed down to us by our fathers. We be- 
lieve in its value morally, socially, and materially. We believe that it is our right and privilege, in 
competition with the great race to which we belong, to move this continent and this hemisphere to 
the front of the advanced march of civilization in such manner as to add to the glorious renown 
which this people have already won in the history of mankind, and we do not wish nor do we pro- 
pose to be obstructed in this career by the iutroduction of a class of men who have no claim upoifc 
US except upon some vagary of diseased and mawkish sensibility." 



PROTECTION OF LABOR. 237 

A more practical view was taken by the Democratic side. Mr. Flower (Dem.), 
of New York, pointed out the effect upon the laboring classes in the following 
language : 

"When I hear Republicans who will go to the polls shouting protection to American industries; 
when I hear the men who boast of their kind patronage and fatherly protection to American labor; 
when I hear these men protest against a bill looking to the expulsion of pauper labor from our 
midst; when I hear them sound the trumpet of the coolie system and the principle of freedom 
together; when I see them attempting to deprive the American laborer of his employment by 
introducing a class of ' helots ' ; when I see them trying to drive our native born and adopted citi- 
zens from their vocations by the aid of mercenaries; when I see them advocating protection and 
at the same time importing labor machines free of duty, I can neither doubt 1 their inconsistency, 
nor trust their disinterestedness. 

" The strongest instinct cf the human race is self preservation. The next, love of offspring. 
When you ask men to cut off the comforts of their homes, to decrease the advantages their children 
enjoy, to go out and work in competition with a pauper or a slave, to welcome to their land of 
comfort and civilization a heathen coming to reduce them to his level, when you ask this in the 
name of liberty and equal rights you profane their names. 

" Liberty and equal rights are liberty and equal rights of men, not of slaves, not of coolies. 
The freedom cf an eating, drinking, opium smoking, working automaton is not the freedom which 
our citizens enjoy. The rights of a well -worked machine are not their rights ; they have higher 
rights and broader liberties, and they use them. They have the chance of education and of pro- 
motion ; they have the liberty of self protection against injustice. Ask them to weigh these 
rights, these liberties, these advantages against the hypocritical sentiment which would leave their 
lives one bitter, ceaseless struggle with starvation, and I am confident the veil will be torn from 
the idol, and the philantrophic schemer, unmasked, will stand out in his true colors. My vote 
shall go toward closing the gap between capital and labor on the American continent. The gap 
has become too broad already. I am in favor of any measure that will ameliorate and elevate 
labor, and I shall vote for this bill on that principle. 1 ' 

Mr. Curtin (Dem.), of Pennsylvania, also presented the Democratic view of the 
question from the standpoint of practical statesmanship. He said, in a speech 
delivered in the House, March 23, 1882 : 

"Disguise it as you will, conceal or cover it with the humanitarian principles underlying our 
structure of government, summon from the history of the past, as has been done on this floor dur- 
ing the long debate, the sublime utterances of the Continental Congress through the Declaration of 
Independence, what is the question we are to meet on our votes on this measure ? It is sentiment 
and only sentiment ; and it fades before the wonderful growth and changing interests of the 
country, its progress, its wealth, its great future, and the true logic of the necessities of the con- 
dition of our people and government now present, as did the silver tones of the great bell when 
the fathers of the Republic sealed their immortal fame in the declaration, and rung out the pro- 
clamation of liberty and equality to all humanity. And here we are in the presence of the ques- 
tion, which, I repeat, is the protection of American labor. Do we prefer t» have 100,000 Chinamen 
take the place of 100,000 American laborers, part and parcel of the body politic, owing allegiance 
to our Government, with the right of the ballot, insuring for their children our free education, and 
with American hopes and aspirations ?" 

" I say to my friends on the other side if you are in favor of protecting labor 
you now have the opportunity. 

" It is said on this floor, and it is a sentiment which can bear repetition, that we opened the por- 
tals of our Government and invited the oppressed people of all the world to come here in peaceful 
approch and enjoy our true civil and religious liberty and the dead level of American social organ- 
ization ; and yet who would for a moment believe in that liberal declaration which is claimed in 
its behalf in this discumion. 

" We would not suffer paupers or criminals or diseased people to come here to spread contagion 
or disturb us by crime in order to make this continent a great reformatory asylum, which it would 
become if the declarations of gentlemen on this floor were carried to their full and logical conclu- 
sions. We might reform such people and cure their diseases, but they might infuse their virus 
into the health and morality of the American people. 

**#**#***■>•** 

" I have said, Xr. Speaker, that it is a common and favorite topic, how. 1 or sincere, to speak of 
labor, and very much has been said of its power and its demands for just protection by and 
through the Government. This Government should give protection to the laboring classes in any 



238 



PROTECTION OF LABOR. 



enactment of this Congress. The object of previous legislation has generally been the protection 
of capital, and the protection of their interests the incident. Sir, we have given away empires to 
corporations. We raise subsidies. We extend the credit of our Government to assist centralized 
and incorporated capital, and we protect the products of our own ingenuity and industry by im- 
posing duties on foreign competition when we raise revenue. Of that I do not complain, be- 
cause I know capital offers enterprises in which labor will find employment and pay. And, sir, 
if the centralization of power and of capital, which I must not think that American citizens 
look upon with satisfaction for the future of this country, and if we do not direct the legislation 
made to the protection of all classes engaged in and necessary to develop our resources in which 
capital is invited to active employment, we fail in our duty. 



"Now, sir, it is not likely to occur, but it is possible to bring 50,000 Chinamen from California 
and settle them down in Massachusetts, at Lowell or Lynn or Fall River or other enterprising 
towns, where they are as busy as bees in their productive industries, and thus displace 50,000 
Massachusetts workmen and laborer. I apprehend the enlightened workmen who now make 
the flourishing cities I have mentioned so prosperous and yield such plentiful returns to 
the capital invested in their manufacturing establishments, I apprehend, sir, that strikes 
might be expected, and John Chinaman would not fare better, or as well, in the land and 
under the protection of the steady habits and exalted political ideas of the Puritan; and the 
violent denunciation of the enlightened Yankee orator would dwarf into harmless, inane 
prattle, the crude oratory of the shambles and the sand lots of California. [Laughter and loud 
applause.] Then, sir, they would scarcely entertain the sympathy that now goes out with such 
generosity, and in the expression of which their members on this floor are so eloquent, toned 
and beautified by the perfection of their language. 

" If, then, the introduction of forty or fifty thousand Chinamen would interfere with the rights 
or the interests or happiness or ability to work in New England, where so much of their prosperity 
depends on labor, we have the right, nay, it is our duty, when the people of a great State, one of 
the great sovereignties which make up our Gouvernment, ask for relief, to grant it if in our 
power. If New England could not tolerate such an invasion, and the Chinamen in thousands 
should be carried to the South by capital, seeking cheap labor ; or if he should go there to a 
climate adopted to his nature and work and production, in harmony with his life and teachings, 
what would become of the colored man, and what of the poor white man of that section ? Who 
would inflict such a grievous wrong on the black man, the ward of the nation, and take from him 
the interests, the teachings, and sympathy of the white man, his real friend ? Such a calamity is 
not to be for a moment contemplated to the colored man of this nation. 

' ' I will most heartily give my vote for this bill ; and accepting the principle as admitted by all 
the gentlemen who have discussed this question that we have the right to put a limitation on the 
immigration of the Chinese people under the treaty with that nation, a question I need not now 
discuss, I will vote for twenty years' suspension of immigration because, first, we assert the right ; 
we believe the representations made by all the people of the Pacific coast to be true, and they are 
our own people, and as they are our best judges of the limitations as to time, I yield any judgment 
I might have to the better judgment of those who should understand this question. When we 
concede to their judgment we give it force and effect by our legislation in this Congress. [Great 
applause.]" 

VOTE IN THE HOUSE. 



The original bill suspending the immigration of Chinese laborers for a 
of 20 years passed the House March 23 by the following vote. 
The question was taken ; and there were — yeas 167, nays 66 ; as follows 



period 



TEAS— 167. 



* Aiken, 

♦Aldrich, 

*Armfield, 

*Atkins, 

Bavne, 

Belford, 

*BeImont, 

*Berry, 

Bingham, 

*Blackburn, 

*Blanchard, 

*Bliss, 

*Blount, 

Brewer, 

Bruzhm, 

*Buckner, 

Burrows, Jos 



*Davis. Lowndes H. 
De Motte, 
*Deuster, 
Dezendorf, 
*Dibble, 
*r>ibrell, 
*Bowd, 
*Lugro, 
::; Ermentrout, 
Errett, 

Farwell, Chas. B. 
: j inley, 
Fowler, 
Ford, 
^Forney, 

Fulkerson, (Readj.) 
^Garrison, 



*Hutchins, 

Jones, George W 

* Jones, James K. 

Jorgensen, 

*Eenna, 

*King, 

*Klotz, 

*Knott. 

Ladd, 

*Leedom, 

Lewis, 

Marsh, 

^Martin, 

*Matson, 

McClure, 

McCook, 

*McKenzie, 



*Ros?crans, 

Scranton, 

Shalleuberger, 

Sherwin, 

- :: Simonton, 

-Singleton, Otho R. 

Smith, A. Herr. 

Smith, Dietrich, C. 

Smith, J. Hyc.tt (Ind.) 

*Sparks, 

Spauldmg, 

*Speer, 

-Springer, 

-Stockslager, 

Strait, 

*Talbott, 

Thomas, 



PROTECTION OF LABOR. 



239 



Butterworth, 


♦Geddes, 


McKinley, 


♦Thompson, P. B. 


♦Cabell, 


George, 


♦McLane, 


♦Tillman, 


♦Caldwell, 


♦Gibson, 


♦McMillin, 


Townsend, Amos, 


Calkins, 


Guentber, 


Miller, 


♦Townsend, R. W. 


Campbell, 


♦Gunter, 


♦Mills, 


♦Tucker, 


Cannon, 


♦Hammond, 


♦Money, 


♦Turner, Henry G. 


♦Cassidy, 


• ♦Hardy, 


Morey, 


♦Turner, Oscar, 


Caswell, 


Harmer, 


♦Moulton, 


Updegraph, J. T. 


♦Chalmers, 


♦Harris, Henry S. 


MURCH, 


♦Upson, 
Valentine, 


♦Chapman, 


Hazeltine, 


♦Mutchler, 


*Clark, 


♦Hatch, 


O'Neill, 


♦Vance, 


♦Clements, 


Hazleton, 


Pacheco, 


Van Horn, 


*Cobb, 


Heilman, 


Page, 


♦Warner, 


♦Converse, 


♦Herndon, 


Paul, (Readj.) 


Washburn, 


*Cook. 


♦Hewitt, Abram"S. 


Payson. 


Webber, 


Cornell, 


Hill, 


Peelle, ' 


♦Wellborn, 


*Cox, Samnel S. 


Hiscock, 


♦Phelps, 


♦Whitthorne, 


♦Cox, William R 


♦Hoblitzell, 


♦Phister, 


♦Williams, Thomas. 


♦Covington, 


♦Hoge, 
♦Holman, 


Pound, 


♦Willis, 


♦Cravens, 


♦Randall, 


Willits, 


♦Cnlbertson, 


Horr, 


♦Reagan, 


♦Wilson, 


♦Curtin, 


Houk, 


Rice, Theron M. 


♦Wise, George D. 


Darrell, 


♦House, 


♦Richardson, Jno. S. 


♦Wise, Morgan D. 


♦Davidson, 


Hubbell, 


♦Robertson, 


Wood, Walter A. 


Davis, George R. 


Hubbs, 


♦Robinson, Win. E. 

NAYS— 66. 




Anderson, 


Farwell, Sewell S. 


Lord, 


Skinner, 


Barr, 


Grout, 


McCoid, 


Spooner, 


♦Bragg, 


Hall, 


♦Morse, 


Stone, 


Briggs, 


Hammond, John, 


Norcross, 


Taylor, 


Browne, 


♦Hardenbergh, 


Orth, 


Thompson, Wm. G. 


Buck, 


Harris, Benj. W. 


Parker, 


Tyler, 


Camp, 


Haskell, 


Ranney, 


Updegraff, Thomas, 


Chandler, 


Hawk, 


Reed, 


Urner, 


Carpenter, 


Henderson, 


Rice, John B. 


Wadsworth, 


Chace, 


Hepburn, 


Rice, William W. 


Wait, 


Crapo, 


♦Hooker, 


Rich, 


Walker, 


Cullen, 


Humphrey, 


Richardson, D. P. 


Ward, 


Dawes, 


Jacobs, 


Ritchie, 


Watson, 


Deerinsr, 


Jones, Phineas, 


Robinson, Geo. D. 


W T hite, 


Dingley, 


Joyce, 


Russell, 


Williams, Chas. G. 


Dunnell, 


Kasson, 


Ryan, 




Dwight, 


Ketcham, 


Shultz, 





The second bill, prepared after the President's veto, suspended the coming of 
Chinese laborers for 10 years. It passed the House April 17 by the following 
vote * 

YEAS— 261. 

♦Robinson, Wm. E. 
♦Rosecrans, 
♦Ross, 
Russell, 
Ryan, 
Scranton, 
♦Shackelford, 
Shallenberger, 
♦Shelley, 
Sherwin, 
♦Simonton, 
♦Singleton, Otho R. 
Smith, A. Hen- 
Smith, Dietrich C. 
Smitb, J. Hyatt (Tnd.) 
♦Sparks. 
Spaulding, 
♦Speer, 
Spoouer, 
♦Springer, 
Sk'eleT 
Strait. 
♦Talbotf. 
♦Tilman, 
Townsend, Amos 
♦Townshend. R. W. 
♦Turn or. Henry G. 
♦Turner. Oscar 
Tyler, 

Updegraff, J.T. 
♦Upson, 
Urner, 



♦Aiken, 


♦Dibble, 


♦Kenna, 


Aldrich, 


♦Dibrell, 


Ketcham, 


Anderson, 


♦Dowd, 


♦Klotz, 


♦Armfield, 


Dunnell, 


♦Knott, 


♦Atkins, 


♦Ermentrout, 


Lacey, 


Bayne, 


Errett, 


Eadd, 


♦Beach, 


♦Evins, 


♦Latham, 


Belford. 


Farwell, Chas. B. 


♦Leedom, 


♦Berry, 


♦Finley, 


♦Le Fevre, 


Bingham, 


Fisher, 


Lewis, 


♦Blackburn, 


♦Flower, 


Lord, 


♦Blanchard, 


Ford, 


♦Manning, 


♦Bland, 


♦Forney, 


Marsh, 


♦Blount, 


Fulkerson, (Readj.) 


Mason, 


♦Buchanan, 


♦Geddes, 


♦Matson, 


♦Buckner, 


George, 


McClure, 


Burrows, Julius C. 


♦Gibson, 


McCook, 


Burrows, Jos. H. 


Guenther, 


♦McKenzie, 


Butterworth, 


♦Gunter, 


McKinley, 


♦Cabell, 


♦Hammond, N. J. 


♦McLane, 


♦Caldwell, 


♦Hardy, 


Miles, 


Calkins, 


Harmer, 


Miller, 


Camp, 


♦Harris, Henry S. 


♦Money, 


Campbell, 


Haseltine, 


More^, 


Cannon, 


Haskell, 


♦Morrison, 


♦Carlisle, 


♦Hatch, 


Mosgrove. 


♦Cassidy, 
Caswell, 


Hawk, 


♦Moulton, 


Hazelton, 


♦Muldrow, 


Chace, 


Heilman, 


Murch, 


♦Chalmers, 


♦Herbert, 


Neal, 


♦Chapman, 


♦Herndon, 


♦Nolan. 


♦Clardy, 


♦Hewitt. Abram S. 


Oates, 



240 



PROTECTION OF LABOR. 



-Clark, 


♦Hewitt, G. W. 


O'Neill, 


Valentine, 


"Clemenls, 


Hill, 


Pacheco, 


♦Vance, 


"Cobb, 


Hiscock, 


Page, 


Van Horn, 


k Colerick, 


*Hoblitzell, 


Paul, (Readj.) 


Wait, 


''Converse, 


♦Hoge. 
♦Hohnan, 


Pavson, 


*Warner, 


"Cook, 


Peelle, 


Webber, 


"Cox, Samuel S. 


Horr, 


Peirce, 


♦Wellborn, 


"Covington, 


Houk, 


♦Phelps, 


West, 


"Cravens, 


♦House, 


Pound, 


♦Wheeler, 


"Culberson, 


Hubbs, 


Prescott, 


White, 


Cullen, 


*Hutcbins, 


♦Randall, 


♦Whitthorne, 


"Curtin, 


Jacobs, 


*Reagan, 
Reed, 


♦Williams, Thomas 


Darrell, 


Jadwin 


♦Willis, 


♦Davidson, 


Jones, George TV 


Rice, Thekon M. 


Willits, 


Davis, George R. 


♦Jones, James K. 


Rich, 


♦Wise, George D. 


"Davis. Lowndes H. 


Jones, Pbineas 


♦Robertson 


♦Wise, Morgan R. 


De Motte, 


Jorgensen, 


Robeson, 




"Deuster, 


Kasson, 


Robinson, Geo. D. 




Dezendorf, 


Kelly 


Robinson, James S. 
NAYS— 37. 




Bowman, 


Farwell, Sewell S. 


Norcross, 


Stone, 


"Bragg, 


Grout, 


Orth, 


Thompson, Wm. G. 


Briggs, 
Buck, 


Hall, 


Parker, 


Van Aernam. 


Hammond, John 


Ranney, 


Van Voorhis, 


Carpenter, 


♦Hardenbergh, 


Ray, 


Wadsworth, 


Crapo, 


Humphrey, 


Rice, JohnB. 


Ward, 


Dawes, 


Jovce, 


Rice, William W. 


Williams, Chae. G. 


Deering, 


McCoid, 


Ritchie, 




Dingley, 


Moore, 


Shultz, 




Dwight, 


*Morse, 


Skinner, 





The first bill, suspending Chinese immigration for twenty years, passed the 
Senate March 9th, as follows: 



YEAS— 29. 



""Bayard, 
"Beck, 
"Call, 

Cameron of W 
"Cockrell, 
"Coke, 
"Fair, 
"Farley, 



Aldrich, 
Allison, 
Blair, 
"Brown, 



♦Garland, 
♦George, 
♦Gorman, 

Hale. 
♦Harris, 

Hill of Colorado, 
♦Jackson, 
♦Jonas, 


Jones of Nevada, 
Miller of Cal., 
Miller of N. Y., 

♦Morgan, 

♦Pugh, 

♦Ransom, 
Sawver, 

♦Slater, 

NEAS— 15. 


Teller, 
♦Vance, 
♦Vest, 
♦Voorhees, 
♦Walker. 


^Conger. 

♦Davis of Illinois, 

Dawes, 

Edmunds, 


Frye. 
Hoar, 
Ingalls, 
Lapham, 


McDill, 

McMillan, 

Morrill. 



The second bill, suspending it for ten years, passed the Senate April 28th, aa 
follows: 

YEAS— 32. 



"Beck, 


♦Farley. 


♦Johnston, 


♦Pugh, 


♦Butler, 


♦Garland, 


♦Jonas, 


Saunders, 


♦Call, 


♦George, 


Jones of Nevada, 


♦Slater, 


Cameron of Wis., 


♦Grover, 


♦Maxev, 


♦Vance, 


Chilcott, 


Hale, 


Miller of Cal., 


Van Wyck, 


"Coke, 


♦Hampton, 


Miller of N. Y- 


♦Vest, 


"Davis of Hlinois, 


♦Harris, 


♦Morgan, 


♦Walker, 


"Fair, 


Hill of Colorado, 


♦Pendleton ; 
NAYS— 15. 


♦Williams. 


Allison, 


Edmunds, 


Hoar, 


Morrill, 


Blair, 


Frye, 


Ingalls, 


Piatt, 


Conger, 


Harrison, 


Lapham, 


Sherman. 


Dawes, 


McMillan. 


McMillan, 





During the present Congress, on the 3d of May, 1884, the House having undei 
consideration a bill to amend the law of March 6th, 1882, Mr. Lamb (Demo -rat), 
of Indiana, said : 

There is a record, Mr. Chairman, upon this question, not only of individuals, but a record of 
parties as well. Much has been said about the' Democratic party being a party of free trade, as 
was said so forcibly by my colleague from Indiana a while ago. I am proud to say that no single 
Democrat upon this floor has lifted his voice to-day in behalf of the pauper labor of China and 



PROTECTION OF LABOR. 



241 



against the interests of the free labor of America. I am glad that the opposition comes from that 
side of the House which pretends always to protect the interests of the American laborer. And 
may I not be pardoned for asking the gentlemen who for the past two weeks have with loud voices 
and unmeasured tones denounced my side of the Chamber because of their wishing, as they allege, 
to break down American labor to the depths of degradation of the pauper labor of Europe— I say 
may I not be pardoned if I ask them whether they are in earnest, or whether it is not their en- 
deavor to protect capital alone ?****** When this legislation was before Congress 
two years ago— and I have the record here before me— sixty-six Republicans, sixty-six members of 
the other side of the House who stand here pretending to protect American labor, voted against 
that bill, When the bill to limit immigration for ten years was before the House, thirty-seven 
members of the House voted against that bill, and of that number thirty-four were Republicans, 
and but three Democrats. Upon this proposition, then, as to whether my party is in favor of free 
trade, in favor of placing the labor of America upon a level with the pauper labor of Europe, I am 
■willing to be judged by the record. 

The vote on this bill was as follows: 







TEAS— 184. 




Aiken, 


Boyle, 


Caldwell, 
Campbell, J. M. 
Candler, 


Collins, 


Alexander. 


Brainerd, 


Connolly, 


Atkinson, 


Breckinridge, 


Converse, 


Bagley, 


Brown, W. W. 


Carleton, 


Cook, 


Barksdale, 


Brumm, 


Cassidy, 


Cosgrove, 


Bayne, 


Buchunan, 


Clardy, 


Cox, S. S. 


Beach, 


Buckner, 


Clay, 


Crisp, 


Blanchard, 


Budd, 


Clements, 


Culberson, D. B. 


Bland, 


Burnes, 


Cobb, 


Cullen, 


Cutcheon, 


Henly, 


Money, 


Steele, 


Dargan, 


Hepburn, 


Morgan, 


Stephenson., 


Davis, G. E. 


Herbert, 


Morrison, 


Stewart, Charles 


Beuster, 


Hewitt, G. W. 


Murphy, 


Stockslager, 


Dibble, 


Hill, 


Murray, 


Strait 


DibrelL 


Hiscock, 


Neece, 


Struble, 


Dockery, 


Hoi man, 


Nutting, 


Sumner, C. A. 


Dowd. 


Holmes, 


Oates, 


Sumner, D. H. 


Dunham, 


Hopkins, 


O'Neill, J. J. 


Taylor, J. M. 


Dunn, 


Horr, 


Paige, 


Throckmorton, 


Eaton, 


Hovk, 


Patton, 


Tillman, 


Elliott, 


Houseman, 


Pierce, 


Tully, 


Ellwood, 


Hurd, 


Peel, S. W. 


Turner, H. J. 


Ermentrout, 


Jeffords, 


Peele, S. J. 


Turner, Oscar 


Evins. J. H. 


Jones, B. W. 


Pettibone, 


Van Alstyne, 


Ferrell, 


Jones, J. H. 


Post, 


Vance, 


Fiedler, 


King, 


Pryor, 


Van Eaton, 


Einerty, 


Lacey, 


Pusey, 


Wakefield, 


Follett, 


Lamb, 


Randall, 


Ward, 


Foran, 


Lanham, 


Rankin, 


Warner, Richard 


Forney, 


Lawrence, 


Reese, 


Weaver, 


Fyan, 


LeFevre, 


Robertson, 


Wellborn, 


•Garrison, 


Lewis, 


Robinson, J. S. 


Weller, 


'George, 


Lovering, 


Roger*, J. H. 


Wemple, 


Gibson, 


Lowry, 


Rogers, W. F. 


White, Milo 


Glascock, 


McAdoo, 


Rosecrans, 


Whiting, 


®off, 


McCoid, 


Powell, 


Wilkins, 


Graves, 


Me Comas, 


Scales, 


Williams, 


Green, 


3tc Cormick, 


Seney, 


Willis, 


Grrenleaf, 


Mc Kin ley, 


Seymour, 


Wilson, James 


Guenther, 


JVlcMillin, 


Shaw, 


Wilson, W. L. 


Halsell, 


Matson, 


Shelley, 


Winans, E. B. 


Mammond, 


Maybury, 


Singleton, 


Winans, John 


Hancock, 


Miller, J. F. 


Skinner, T. G. 


Wise, G. D. 


Hardeman, 


Miller, S. H. 


Slocum, 


Wolford, 


Hatch, W. H. 


Millikin, 


Smith, 


Worthington, 


Henderson, D.I]. 


Mitchell, 


Springer, 

NAYS— 13. 


-*-r l ° ' 

Yaple. 


Adams, G. E. 


Henderson, T, J. 


Price, 


Spooner. 


Brewer, F. B. 


Hilt, 


Pice, 




Browne, T. M. 


Kean, 


Skinner, C. P. 




Everhart, 


Lyman. 


Smalls, 





The bill was ordered by the Committee on Foreign Affairs of the House, by a 
farty vote, to be reported favorably, and the Record shows that every voice raised 
against the bill and every vote cast against it was Republican. Its fate m the 
Senate was exceedingly dubious until the necessities of the campaigii rendered 
its passage absolutely essential. 



16 



242 PROTECTION OF PERSONAL LIBERTY 



Protection of Personal Liberty, 



Republican Tendencies. 

A political party whose tendencies are toward centralization and imperialism in 
affairs of state and officiousness in the private business affairs of the people, 
naturally seeks to regulate their morals by sumptuary legislation instead of leaving 
them where they properly belong, to social and religious influences. They seem 
to forget that church and state have been permanently divorced, for their obnoxious, 
legislation is based upon the ancient theory of government. They not only attempt, 
through State laws, to regulate the appetites and tastes of the people, but even 
invoke the strong arm of the federal government for similar purposes. 

In illustration of this tendency we refer to a few recent attempts. 

In January, 1876, a bill to provide a commission on the subject of alcoholic 
liquor traffic was passed in the Senate by a vote of — yeas, 37 Republicans and 1 
Democrat ; nays, 20 Democrats. Mr. Logan voted aye. 

In January, 1878, Mr. Blair (Republican) offered a constitutional amendment 
forbidding the manufacture, sale or importation of alcoholic liquors in the United- 
States. 

In March, 1879, a bill to appoint a commission of five persons to investigate the- 
alcoholic liquor-traffic, principally in its relations to revenue, and also as to taxa- 
tion and its general economic and scientific aspects in connection with the public 
health and general welfare of the people, was passed in the Senate by a vote of — 
ayes, 28 Republicans and 1 Democrat ; noes, 19 Democrats. 

On the 6th of February, 1882, Mr. Joyce (Republican) moved in the House of 
Representatives that the rules be suspended, and the following bill be taken up out 
of order and passed : 

Mr. Joyce's Bill. 

Be it enacted, etc., That there shall be appointed by the President, by and with the 
advice and consent of the Senate, a commission of five persons, not all of whom shall be 
advocates of prohibitory liquor laws, and neither of whom shall be the holder of any 
office of profit or trust in the General Government or any State government . The said 
commissioners shall be selected solely with reference to personal fitness and capacity for 
an honest, impartial, and thorough investigation, and shall hold office until their duties 
shall be accomplished, but not to exceed two years. It shall be their duty to investigate 
the alcoholic, fermented, and vinous liquor traffic and manufacture with reference to 
revenue and taxation, and the effect of each class of such liquors in their economic, 
criminal, moral, and scientific aspects in connection with pauperism, crime, social vice, 
the public health, and general welfare of the people ; and also to inquire into the prac- 
tical results of taxation and license, and of restrictive legislation for the prevention of 
intemperance in the several States, Territories, and District of Columbia. 



PROTECTION OF PERSONAL LIBERTY. 



243 



Sec. 2. That the said commissioners shall further ascertain, as near as may be, the 
number of gallons of wine, beer, or distilled liquors annually consumed in different 
countries, more especially within the United States ; the number of deaths annually 
from alcoholism, the number and character of crimes resulting from the use of alcoholic 
and malt liquors ; and the diseases produced by the use thereof, mental as well as 
physical ; the number of ax-rests for drunkenness ; the amount of pauperism produced 
by the use of such liquors ; the amount of revenue received by the Government from 
the liquor traffic and liquor making ; the amount of tax or revenue received from such 
manufacturing and traffic by State and municipal governments ; the amount of food 
transformed into alcohol ; the probable retail cost of alcoholic and malt liquors con- 
sumed ; the cost of caring for the insane, idiotic, criminals, and paupers made such by 
the use of alcoholic and malt liquors ; the capital employed in the manufacture of such 
liquors and in the traffic thereof ; the quantity of such liquors imported and exported ; 
the number of persons employed in the manufacture and sale of such liquors. 

Sec. 3. That the said commissioners shall serve without salary, but are hereby 
authorized to employ a secretary at a reasonable compensation, not to exceed $2,500 per 
annum, which, with the necessary expenses, incidental to such investigation, of the secre- 
tary and commissioners, shall be paid, out of any money in the Treasury not otherwise 
appropriated, upon vouchers signed by the president and countersigned by the secretary, 
and approved by the Secretary of the Treasury ; and the sum of $10,000, or as much 
thereof as may be necessary, is hereby appropriated to pay such vouchers. 

Sec. 4. That said commissioners shall, as soon after their appointment as is con- 
venient, meet and organize by the election of one of their number as president of such 
board, and they shall also elect a secretary, as hereinbefore provided, who shall take the 
usual oath of office, and give a bond to the Secretary of the Treasury of the United 
States in the penal sum of $3,000 for the faithful performance of the duties of his 
office, which bond and the sureties thereon shall be approved by such Secretary of the 
Treasury. 

Sec. 5. That it shall be the further duty of said commissioners to report the result 
of their investigations and the expenses attending the same to the President, to be by him 
transmitted to Congress. 

The question was taken and there were — yeas 112, and nays 98, as follows : 





TEAS 


-112. 




Bayne, 


Hammond, John, 


Miller, 


*Simonton, 


Belford, 


Haseltine, 


Moore, 


Skinner, 


*Beltzhoover, 


Haskell, 


Neal, 


Smith, A. Herr, 


Bowman, 


Hawk, 


O'Neil, 


Smith, Dietrich C. 


Briggs, 


Hazelton, 


Orth, 


Smith, J. Hyatt, Ind 


Browne, 


Heilman, 


Pacheco, 


Spaulding, 


Buck, 


Henderson, 


Page, 


Spooner, 


Burrows, Julius C. 


Hepburn, 


Parker, 


Steele, 


Camp, 


Hiscock, 


Payson, 


Strait, 


Candler, 


Horr, 


Peele, 


Taylor, 


Cannon, 


Houlc, 


Pierce, 


Thompson, Wm. G. 


Carpenter, 


Hubbell, 


Pettibone, 


Tyler, 


Caswell, 


Hubbs, 


Pound, 


Updegraff, J. T. 


Chace, 


Humphrey, 


Ranney, 


Urner, 


Crapo, 


Jacobs, 


Ray, 


Valentine, 


* Culberson, 


Jadwin, 


Reed, 


*Vance, 


Cullen, 


*Jones, James K. 


Rice, William W. 


Van Aernam, 


Dawes, 


Jones, Phineas, 


Rich, 


Van Voorhis, 


Deering, 


Jorgenson, 


Richardson, D. P. 


Wadsworth, 


De Motte, 


Joyce, 


Ritchie, 


Wait, 


Dingley, 


Kelley, 


Robeson, 


Ward, 


Dunnell, 


Lacey, 


Robinson, James S. 


Washburn, 


Farwell, Sewell S. 


Ladd, 


Russell, 


Watson, 


Fisher, 


Lindsey, 


Ryan, 


Webber, 


Ford, 


Lord, 


Scranton, 


West, 


George, 


Marsh, 


Shallenberger, 


Williams, Chas. G. 


Godshalk, 


McClure, 


Sherwin, 


Will its. 


Grout, 


McKinley, 


Shu It z, 


Wood, Walter A. 



244 



PROTECTION OF PERSONAL LIBERTY. 



NAYS — 1 



*Aiken, 

♦Armfield, 

*Atherton, 

*Atkins, 

♦Barbour, 

♦Belmont, 

♦Berry, 

♦Black, 

♦Blackburn, 

♦Blanchard, 

♦Bland, 

♦Blount, 

♦Bragg, 

♦Buchanan, 

♦Buckner, 

♦Caldwell, 

♦Carlisle, 

♦Cassidy, 

♦Chapman, 

♦Clardy, 

♦Clark, 

♦Clements, 

♦Cobb, 

♦Colerick, 

♦Converse, 



♦Cook, 
♦Cravens, 
Davis, George R. 
♦Davis, Lowndes H. 
♦Duester, 
♦Dibble, 
♦Dibrell, 
♦Dowd, 
♦Ermentrout, 
♦Evins, 
♦Finley, 
♦Forney, 

Fulkerson, (Readj.) 
♦Geddes, 
♦Gibson, 
♦Guenther, 
'♦Hammond, N.J. 
*Hardenberg, 
♦Hatch, 
♦Herbert, 
*Herndon, 
♦Hewitt, Abram S. 
♦Hewitt, G. W. 
♦Hoblitzell, 
*Hoge, 



♦Holman, 

♦House, 

Jones George W. 

♦Kenna, 

♦Klotz, 

♦Knott, 

♦Latham, 

*Le Fevre, 

*Manning, 

♦Martin, 

♦Matson, 

♦McKenzie, 

*McLane, 

♦McMillin, 

♦Mills, 

♦Money, 

♦Morrison, 

♦Muldrow, 

♦Oates, 

♦Phelps, 

♦Phister, 

♦Reagan, 

♦Richardson, Jno. S. 

♦Robinson, Wm. E. 

♦Rosecrans, 



♦Scales, 

♦Shelley, 

♦Singleton, Jas. W. 

♦Singleton, Otho R. 

♦Sparks, 

♦Speer, 

♦Springer, 

♦Stockslager, 

♦Thompson, P. B. 

♦Tillman, 

♦Tucker, 

♦Turner, Henry G. 

♦Turner, Oscar, 

♦Upson, 

♦Warner, 

♦Wellborn, 

♦Wheeler, 

♦Whitthorne, 

♦Williams, Thomas, 

♦Willis, 

♦Wilson, 

♦Wise, George D. 

Young. 



Of which 105 Kepublicans voted in the affirmative, and 94 Democrats in the 
negative. 

The Iowa Liquor Law. 

The tendency of sumptuary legislation is toward officiousness and tyranny, as 
may be seen from a perusal of the new liquor law of Iowa : 

A bill for an act to amend chapter 6, title 1 1 of the Code, relating to intoxicating liquors, 
and to provide additional penalties for violations of the provisions of said chapter, and 
the amendments thereto. 

Be it enacted by the General Assembly of the State of Iowa : 

Section i. That section 1525 of the Code be and the same is hereby repealed, and 
the following enacted in lieu thereof: 

Sec. 1525. Every person who shall manufacture any intoxicating liquors, as in this 
chapter prohibited, shall be deemed guilty of a misdemeanor, and upon his first convic- 
tion for said offense, shall pay a fine of two hundred dollars and costs of prosecution or 
be imprisoned in the county jail not to exceed six months ; and on his second, and every 
subsequent conviction for said offense, he shall pay a fine of not less than five hundred 
dollars nor more than one thousand dollars and costs of prosecution, and be imprisoned 
in the county jail one year. 

Sec 2. That section 1526 of the Code of 1873 be, and is hereby re-enacted and 
amended by inserting the word "to," and before the words "buy and sell intoxicating 
liquors," the words "manufacture or." 

Sec 3. That section 1527 of the Code be, and the same is hereby amended by 
inserting after the words "desires to," and before the words "sell said liquors," in the 
third line of said section the words "manufacture or." 

Sec 4. That section 1528 of the Code be, and the same is hereby amended by 
adding thereto the words : provided, that in case of a permit to manufacture intoxicating 
liquors, the penalty of the bond shall be five thousand dollars. 

Sec 5. That section 15 31 of the Code be, and the same is hereby amended, by insert- 
ing in the second line thereof, after the words "may be," the words "manufactured 
or." 

Sec 6. That section 1535 of the Code be, and the same is hereby amended, by insert- 
ing after the words "record of," in the fourth line, the words " manufacture or." 

Sec 7. That section 1537 of the Code be, and the same is hereby amended by add- 
ing thereto the words " and the provisions of this section shall apply to persons holding 
a permit to manufacture intoxicating liquors, so far as the same relates to the report ; 



PROTECTION OF PERSONAL LIBERTY. 245 

and any such manufacture shall, within the time specified for parties holding a permit to 
sell, also report the quantity and kind of liquors by him manufactured since the date of 
his last report, and also the quantity and kinds of liquors sold by him, and for what pur- 
pose, and to whom sold." 

Sec. 8. That section 1558 of the Code be and the same is hereby repealed, and the 
following enacted in lieu thereof : 

Sec. 1538. Any person having such permit who shall sell intoxicating liquors at a 
greater profit than is herein allowed, shall be liable to treble damages, to be recovered by 
civil action in favor of the party injured ; and any person holding a permit, either to 
manufacture or sell, who shall fail to make monthly returns as herein required, or within 
fifteen days thereafter, or who shall make a false return shall forfeit for each offense the 
sum of $100, to be recovered in the name of the State of Iowa, upon the relation of any 
citizen of the county by civil action on his bond with costs, and one-half of the sum 
recovered shall go to the informer, and one-half shall go to the shool fund of the county. 

SEC. 9. That section 1539 of the Code be, and is hereby amended by adding thereto 
the following, to wit : One-half of the amount so recovered shall go to the informer, and 
the other half shall go to the school fund of the county. 

Sec. 10. That section 1540 of the Code be repealed, and the following enacted in lieu 
thereof : 

"Sec. 1540. If any person not holding such a permit, by himself, his clerk, servant, 
or agent, shall for himself, or any person else, directly or indirectly, or on any pretense, 
or by any device, sell, or in consideration of the purchase of any other property, give to 
any person any intoxicating liquors, he shall, for the first offense, be deemed guilty of a 
misdemeanor, and on conviction for said first offense shall pay a fine of not less than $50 
or more than $100 and costs of prosecution, and stand committed to the county jail until 
such fine and costs are paid; for the second and every subsequent offense' he shall pay, on 
conviction thereof, a fine of not less than $300 nor more than $500, and costs of prosecution, 
and be imprisoned in the county jail not to exceed six months. All clerks, servants and 
agents of whatever kind, engaged or employed in the manufacture, sale, or keeping for 
sale in violation of this chapter, of any intoxicating liquor, shall be charged and con- 
victed in the same manner as principals may be, and shall be subject to the penalties- 
herein provided. Indictments and informations for violations under this section may 
allege any number of violations of its provisions by the same party, but the various alle- 
gations must be contained in separate counts, and the person so charged may be convicted 
and punished for each of the violations so alleged as on separate indictments or informa- 
tions, but a separate judgment must be entered on each count on which a verdict of 
guilty is rendered. The second and subsequent convictions mentioned in this section 
shall be construed to mean convictions on separate indictments or informations. And in 
default of the payment of the fines and costs provided for the first conviction under this 
section, the person so convicted shall not be entitled to the benefit of chapter 47, title 25 
of this Code, until he shall have been imprisoned 60 days." 

Sec. 11. That section 1542 of the Code be repealed and the following enacted m lieu 
thereof : 

Sec. 1542. No person shall own, or keep, or be in any way concerned, engaged or 
employed in owning or keeping any intoxicating liquors with intent to sell the same 
within this State, or to permit the same to be sold therein in violation of the provisions 
hereof, and any person who shall so own or keep, or be concerned, engaged, or employed 
in owning or keeping such liquors with any such intent, shall be deemed, for the first 
offense, guilty of a misdemeanor ; and on conviction for said first offense shall pay a fine 
of not less than fifty nor more than one hundred dollars and costs of prosecution, and 
shall stand committed to the county jail until such fine and costs are paid, and in default 
of such fine and costs, he shall not be entitled to the benefits of chapter forty-seven, title 
twenty-five of the code, until he shall have been imprisoned sixty days ; for the second 
and every subsequent offense he shall pay a fine of not less than three hundred dollars 
nor more than five hundred, or be imprisoned in the county jail not more than six 
months, or by both such fine and imprisonment in the discretion of the court. And upon 
trial of every indictment or information of violations of the provisions of this section, proof 
of the finding of the liquor named in the indictment or in the information, in the posses- 
sion of the accused in any place except his private dwelling-house, or its dependencies, 
or in such dwelling-house or dependencies, if the same is a tavern, public eating house, 
grocery, or other place of public resort, or in unusual quantities in the private dwelling- 
house or its dependencies of any person keeping a tavern, public eating house, grocery, 
or other place of public resort in some other place, shall be received and acted upon 
by the court as presumptive evidence that such liquor was kept or held for sale contrary 
to the provisions thereof. 



246 PROTECTION OF PERSONAL LIBERTY. 

Sec. 12. That section 1543 of the Code be and the same is hereby repealed and the 
following enacted in lieu thereof : 

"Sec. 1543. In cases of violation of the provisions of either of the three preceding 
sections, or of section 1525 of this chapter, the building or erection of whatever kind, or 
the ground itself, in or upon which such unlawful manufacture, or sale, or keeping, with 
intent to sell, use or give away, of any intoxicating liquor is carried on, or continued, or 
exists, and the furniture, fixtures, vessels, and contents, is hereby declared a nuisance and 
shall be abated as hereinafter provided, and whoever shall erect or establish, or'continue, 
or use any building, erection, or place for any of the purposes prohibited in said sections 
shall be deemed guilty of a nuisance, and may be prosecuted and punished accordingly, 
and upon conviction shall pay a fine of not exceeding $1,000 and costs of prosecution, 
and stand committed until the fine and costs are paid ; and the provision of chapter 47, 
title 25 of this Code shall not be applicable to persons committed under this section. Any 
citizen of the county where such nuisance exists, or is kept or maintained, may maintain 
an action in equity to abate and perpetually enjoin the same, and any person violating 
the terms of any injunction granted in such proceedings, shall be punished as for con- 
tempt by a fine of not less than five hundred nor more than one thousand dollars, or by 
imprisonment in the county jail not more than six months, or by both such fine and 
imprisonment in the discretion of the court. 

Sec. 13. That section 155 1 of the Code be, and the same is hereby amended by adding 
thereto the following : "Every peace officer shall give evidence when called upon, of 
any facts within his knowledge, tending to prove a violation of the provisions of this 
chapter, but his evidence in no case shall be used against him in any prosecution against 
him for a violation of the provisions of this chapter." 

Sec. 14. That section 1553 of the Code be and the same is hereby repealed and the 
following enacted in lieu thereof : 

Sec. 1553. If any express company, railway company, or any agent, or person in the 
employ of any express company or railroad company, or if any common carrier, or any 
person in the employ of any common carrier, or if any other person shall knowingly 
bring within this State for any other person or persons, or corporation, or shall transport 
between points within this State for any other person or persons, or corporation, any in- 
toxicating liquors, without first having been furnished with a certificate from and under 
the seal of the county auditor of the county to which said liquor is to be transported or is 
consigned for transportation, certifying that such consignee or person, for or to whom 
said liquor is to be transported, is authorized to sell such intoxicating liquors in such 
county, such company, corporation, or persons so offending, and each of them, and any 
agent of such corporation or company so offending shall, upon conviction thereof, be 
fined in any sum not exceeding $100 for each offense and shall stand committed to 
the county jail until such fine and the costs of prosecution are paid, and one half of the 
fine shall go to the informer and the other half shall go to the school fund of the county ; 
and provided further, that the offense herein defined shall be held complete, and shall be 
held to have been committed in any county of the State through or to which said intoxi- 
cating liquors are transported, or in which the same are loaded for transporation; pro- 
vided further, that it shall be the duty of the several county auditors of this State to issue 
the certificate herein contemplated to any person having such permit, and the certificate 
so issued shall be truly dated where issued, and shall specify the date at which the 
authority or permit expires, as shown by the county records. 

Sec. 15. Every person who shall, directly or indirectly, keep or maintain by himself, 
or by associating or combining with others, or who shall in any manner aid, assist, or 
abet, in keeping or maintaining any club-room, or other place in which intoxicating 
liquors is received or kept for the purpose of use, gift, barter or sale, or for distribution or 
division among the members of any club or association by any means whatever, and every 
person who shall use, barter, sell or give away, or* assist or abet another in bartering, 
selling or giving away any intoxicating liquors as received or kept, shall be deemed 
guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not 
less than $100 nor more than $500, or by imprisonment in the county jail not less than 
thirty days nor more than six months. 

Sec. 16. All statutes and acts and parts of acts inconsistent with the provisions of this 
chapter as hereby amended, are hereby repealed ; provided, however, that this repeal 
shall not affect any act done, any right accruing or which has accrued or been established, 
nor any suit or proceeding had or commenced in any civil cause before the time such 
repeal takes effect, and no offense committed, nor penalty or forfeiture incurred, and no 
suit or prosecution pending when the repeal takes effect, for an offense committed or 
for the recovery of a penalty or forfeiture incurred, shall be affected by this repeal and the 



PROTECTION OF PERSONAL LIBERTY. 247 

provisions of section 1555 as amended and substituted by the act of this general assembly, 
approved March 4, 1884, shall apply and have relation to the provisions of this Code as 
herein amended and all the penalties as herein provided, shall be held to apply to intoxicat- 
ing liquors as defined in said act of March 4, 1884. 

Mr. Blaine's Sentiments. 

Mr. Blaine's sentiments on this question may be seen from the following letter 
by Neal Dow to Rev. C. Clark, editor of a prohibition newspaper in New Jersey : 

Dear Sir : Your note of the 4th instant has just reached me. In answer to your 
inquiry I say : I have had many letters from different parts of the country making 
inquiries about Mr. Blaine. My reply has been that he has always been a friend of the 
Maine law and has many times rendered important service to it. He is in favor of the 
proposed constitutional amendment and will vote for it. He is also a teetotaler and has 
been so several years. 

The Republican party of Maine has always made prohibition a part of its platform 
and conceded to the people at the last Legislature an opportunity to vote on the 
question of constitutional prohibition, as it is the undoubted right of the people to do. 
The temperance men of Maine, therefore, may properly be loval to the party which has 
a just claim to their support. But outside of this State, Vermont, Kansas and Iowa, the 
Republican party has no claim whatever upon temperance men for help at the ballot box. 

We, the temperance men of Maine, are firm in the conviction that our object, the 
prohibition and suppression of the liqnor traffic, can never be attained except by inde- 
pendent political action. The sooner that policy is resorted to and vigorously pursued 
the sooner we shall win. Respectfully, 

NEAL DOW. 

Portland, Me., July 8, 1884. 

Democratic Principles, 

The Democratic party favors the largest personal liberty compatible with the 
welf are of the State, and leaves the regulation of appetites to moral and religious 
influences, believing those agencies are the most effective and the most in harmony 
with the principles of free government. 

It therefore approves and indorses the action of those citizens who recently 
organized a National Protective Association to protect their personal liberties from 
officious and undemocratic infringement, and who expressed their protest in the 
following platform: 

We hold that the constitution of the United States, based on the declaration of inde- 
pendence, guarantees the enjoyment of personal, civil, and religious liberty and the pur- 
suit of happiness, and warrants the enactment of no laws which seek to abridge or restrict 
the same; that all existing prohibitory laws or contemplated legislation, which tend to 
abridge personal rights, are tyrannical infringements on constitutional guarantees, and 
should be respectively repealed and opposed; that all Sunday laws which abridge relig- 
ious liberty and prevent the working classes from enjoying the public libraries, museums, 
art galleries, and public parks, are tyrannical and unjust, and should be repealed, for 
Sunday was made for man, and not man for Sunday; that the "public school system" 
is the bulwark of our institutions, and must be kept clear and free from all sectarian in- 
fluence and interference; that all organized ecclesiastical interference in civil affairs is in 
violation of the spirit and letter of the constitution, the genius of American institutions, 
and is demoralizing and pernicious, and must be restrained ; that all private and corporate 
property, whether real or personal, should bear the burdens of taxation equally. 



248 PROTECTION OF AMERICAN CITIZENS ABROAD. 



Protection of American Citizens Abroad. 

Republican Neglect. 

During Mr. Blaine's administration of the State Department in 1881, theBepub- 
lican neglect of citizens abroad called for a stinging rebuke from Democratic 
leaders. 

Early in that year the history that preceded the war of 1812 began boldly to 
repeat itself. American citizens temporarily resident in Ireland were thrown 
into prison under the infamous "Coercion Act" of Great Britain. These men 
were convicted of no crimes ; they were simply suspected of sympathy with the 
cause of Ireland. Vain efforts were made by individual friends and by societies 
to have positive and effective action taken by our Government on behalf of these 
unfortunate persons. 

The'law upon this subject is as follows : 

Section 2,000, Revised Statutes. All naturalized citizens of the United States 
while in foreign countries are entitled to and shall receive from this Govern?nent the 
same protection of persons and property xvhich is accorded to native-born citizens. 

Sec. 2,001. Whenever it is made known to the President that any citizen of the United 
States has been unjustly deprived of his liberty by or under the authority of any foreign 
government, it shall be the duty of the President forthwith to demand of that government 
the reasons of such imprisonment ; and, if it appear to be wrongful and in violation of 
the rights of American citizenship, the President shall forthwith demand the release of 
such citizen ; and if the release so demanded is unreasonably delayed or refused, the 
President shall use such means, not amounting to acts of war, as he may think necessary 
and proper to obtain or effectuate the release ; and all the facts and proceedings relative- 
thereto shall, as soon as practicable, be communicated by the President to Congress. 

Notwithstanding this sacred obligation the neglect assumed alarming propor- 
tions. 

The principal cases were those of O'Mahoney, McSweeney, Boynton, O'Connor,. 
Walsh, McEnery, Hart, Daly, White, and McCormack. 

Case of O'Mahoney. 

Henry O'Mahoney was imprisoned under the coercion act June 4, 1881. He 
presented his case to Mr. Lowell, IT. S. Minister to London, asking him to procure 
him a speedy trial or liberation. To this request Mr. Lowell, while acknowledging 
his title to citizenship, regardless of the plain and mandatory words of section 2000 
E. S., above quoted, replied in effect that England had a right to arrest all per- 
sons domiciled in the proclaimed districts, and that it was k ' manifestly futile to 
claim that naturalized citizens of the United States should be exempt from its*. 
operation." 



PROTECTION OF AMERICAN CITIZENS ABROAD. 249 

Mr. O'Mahoney's wife addressed a letter to E. P. Brooks, Consul at Cork, re- 
questing his interference to secure her husband a speedy trial, and forwarded his 
naturalization papers. Mr. Brooks, in a letter to Adam Badeau,' Consul-General at 
London, says : "I explained to Mrs. O'Mahoney that no interference by me could, 
possibly effect the result she sought." 

The following speaks for itself : 

Mr. Lowell to Mr. O'Mahoney. 

"Legation of the United States, | 
"London, July 19, i 88 i. \ 
" Sir : I have your letter of the 15th instant. I am waiting instructions from home 
before taking action in such cases as yours. 

"It is my opinion, however, and in this I shall probably be sustained by the Depart- 
ment of State, that the fact of being an American citizen cannot of itself operate to exempt 
any one from the penalties of a law which he had violated, and that it ivill be necessary 
to skozu that some exceptional injustice had been practiced in any particular case before 
the American Minister can be called upon to intervene. 

"I am, sir, your obedient servant, 

"J. R. LOWELL." 

Mr. O'Mahoney had informed Mr. Lowell that all he asked was his interference 
to obtain a speedy trial. Our representative, however, evaded this direct request by 
assuming that he asked protection from the verdict on the crime charged. 

Mr. O'Mahoney's citizenship was established beyond question. He was 
discharged from the United States Navy in 1865. He remained in this country 
until 1874. Then sojourned in Ireland until 1879. In February, 1880, he obtained 
naturalization papers at Lockport, K Y. In January, 1881, he returned to 
Ireland to dispose of his property and bring his family to this country. That his 
citizenship was admitted, and with it his right to the benefit of section 2001, above 
quoted, is shown by the question of U. S. Consul Brooks : ' ' Suppose the British 
Government were to permit your release from prison upon condition of your 
immediate return to the United States, would you accept such terms?" 

This question presupposed belief of his innocence of the alleged crime of 
attempted murder by the British Government, and his honor and the honor of our 
country demanded his trial. 

Mr. O'Mahoney to Mr. Lowell. 

"Limerick Prison, July 21, 1881. 

"Dear Sir: I quite agree with you when you state that an American citizen 
should not be exempt from the penalties of a law which he violates, and that it would 
be necessary to show that some injustice had been practiced before your intervention, 
and I respectfully submit the following facts for your kind consideration : 

" 1st. That I am arrested charged with a crime. 

"2d. That I am detained in prison without a shadow of evidence against me. 

" 3d. That I am debarred of the right of proving my innocence in connection with 
the crime that I am suspected of. Therefore all the favors I ask (and I think I should 
claim it as right) from the United States Government, through you, is a trial, in order 
that I may show that there is exceptional injustice practiced in my case. Therefore I 
repectfully ask your intervention to grant me a trial, and by so doing I will not only be 
able to prove myself innocent of the charge that I am accused of, but of any other crime 
punishable by law, except being a member of the Land League, an organization which 
the Prime Minister himself declared to be perfectly constitutional. 

" An early reply will oblige yours, respectfully, 

"HENRY O'MAHONFA'. 

" P. S. — Kindly let me know if you can demand an impartial trial tor me ; if not I 
I shall ask for no other favors. 

"H.O'M." 



250 PROTECTION OF AMERICAN CITIZENS ABROAD. 

Case of McSweeney. 
Daniel McSweeney, an American citizen, for twenty years a resident of San 
Francisco, Cal., was dragged, ill in health, from the bosom of his family on June 
2, 1881, and lodged in Dundalk Jail. 

Mr. McSweeney to Mr. Lowell. 

"Dundalk Jail, June 7, 1881. 

"Sir: I am an American citizen, having resided twenty-five years in the United 
States, twenty of which I spent in San Francisco, Cal. During that time I never was 
either charged, accused, or even suspected of any crime, nor in fact never was accused of 
any crime in my life, until on the 2d of the present month my house was surrounded by 
an armed force and I was forcibly dragged from the bosom of my family and lodged in 
jail. 

"The charge against me now is, inciting persons to unlawfully assemble and commit 
riot and assault. Now, there was no unlawful assembly, no riot or assault committed in 
the district from which I was arrested, neither was there any incitement to commit such. 
The government kindly furnished me with a shorthand reporter who carefully took down 
■every word I said in the English or Irish language, and I challenge him, or the govern- 
ment, or all the landlords in Ireland, to prove that I uttered one word which could by 
any possibility be construed to mean incitement to crime. On the contrary, from every 
platform I advised the people to commit no crime, to violate no law, but to carefully work 
within the lines of the constitution. 

' ' Now, sir, I want a fair trial ; if I am innocent, I want, as an American, to be 
released ; I want to know if my naturalization papers are worth preserving ; whether, when 
an American leaves home his mouth must be sealed, though slavery in its worst form 
should exist in every country through which he may travel. 

"Yours, respectfully, 

" DANIEL SWEENEY." 

Again, in utter disregard of sections 2000 and 2001 R. S. , Mr. Lowell evades 
the request for a fair and speedy trial thus : 

Mr. Lowell to Mr. McSweeney. 

" Legation of the United States, ) 
"London, September 22, 1881. j" 

" Sir : I have to acknowledge the reception of your letter of the 17th instant. 

"I have not thought it proper to make any application for your release from prison 
for the following reasons : 

" The coercion act, however exceptional and arbitrary, and contrary to the spirit and 
fundamental principals of both English and American jurisprudence, is still the law of 
land, and controls all parties domiciled in the proclaimed districts of Ireland, whether 
they are British subjects or not. It would be manifestly futile to claim that naturalized 
citizens of the United States should be excepted from its operatien. 

"The only case, in my opinion, in which I ought to intervene, would be where an 
American citizen who is in Ireland attending exclusively to his private business and taking 
no part whatever in public meetings or political discussions, should be arrested. Under 
such circumstances it would be proper to appeal to the courtesy of the government here 
•on the ground of mistake or misapprehension, and ask for the release ot the prisoner. 

" I have communicated these views to the Department of State, and I have received, 
so far, no instructions in a contrary spirit. 

" It does not appear to me that the reasons above given for intervention exist in your 
case so far as I understand it. 

" I am, sir, etc., 

"J. R. LOWELL. 

The just, the patriotic indignation of an American citizen roused by this 
shameless epistle finds expression in the following words of McSweeney : 

" Mr. Sweeney to Mr. Lowell. 

" Dundalk Jail, September 27, 1881. 
"Sir: A letter bearing your signature, dated from the Legation of the United 
States, London, of the 22d instant, is received by me in my prison cell in Dundalk. I 



PROTECTION OF AMERICAN CITIZENS ABROAD. 251 

am unwilling to believe that this letter is the production of an American gentleman, 
much less the American gentleman representing the United States at the Court of St. 
James. I cannot believe that an American gentleman would treat the appeal of an 
American citizen in prison with contempt, therefore permit me to presume that you signed 
the letter in question by mistake, but as your signature is attached to it I may be per- 
mitted to analyze it, and if possible, ascertain your meaning. 

"The reasons which you say influence you in not making an application for my 
release are not, in my opinion, good and sufficient reasons. But I will quote your own 
words and leave the public on both sides of the Atlantic to judge : 

" 'The Coercion act, however exceptional and arbitrary, and contrary to the spirit and 
fundamental principles of English jurisprudence, is the law of the land.' 

" That the coercion act is the law of the land no one will dispute, but many will be 
inclined to the belief that the absence of coercive measures would be exceptional. 

" ' It would be manifestly futile to claim that naturalized citizens of the United States 
should be excepted from its operation.' 

" Here we learn for the first time that there is a distinction between naturalized and 
native-born American citizens regarding their right to claim protection abroad; but it is 
evident that you are laboring under a misapprehension with regard to my claim. I did 
not claim to be excepted from its operations; my claim is based on the fact that I did not 
violate any law. 

" ' The only case, in my opinion, in which I ought to interfere would be when an 
American citizen who is in Ireland attending exclusively to his own business and taking 
no part whatever in public meetings or political discussions should be arrested, it would 
be proper to appeal to the courtesy of the British Government for the release of the 
prisoner.' 

" So that, in your opinion, the only right which an American citizen could claim abroad 
would be an appeal to the courtesy of the Government who might deprive him of his 
liberty. But should an American be so imprudent as to take part in a public meeting, 
say a prayer-meeting, or engage in any political discussion with a Frenchman, a German, 
or even a Zulu, according to your opinion, he would forfeit all claim not only to protec- 
tion, but even to an appeal to courtesy. This throws new light on the question of 

American citizenship. 

* * * * * ***** 

" One would naturally expect that a gentleman intrusted with the important mission 
of United States Minister at the English court should at least make a dignified reply to 
what some gentleman occupying similar position might consider an insult. But on the 
contrary, sir, you seem to have given up the fight, which, in my opinion, could not have 
been a very determined one, and you sent me a message to my prison cell, where I have 
been confined for over four months, and where I have to pass eighteen hours each day 
in a space six by twelve, and you tell me that you have abandonded rne to my fate; that 
you would not intervene any further in my behalf. It will not be clear to the public that 

you did intervene very far. 

****** **** 

"British subjects took part in public meetings and political discussions in the 
United States during the slave troubles. Had the American Government cast them 
into prison and sentenced them to a term of imprisonment without trial, and refused to 
give the British minister at Washington any information respecting the charge against 
them, what would the British minister do ' under these circumstances ' ? Fold his arms, 
take the matter good naturedly, send a message to the British subjects in prison that he 
' did not think it proper to intervene, ' or demand his passport ? 

Yours, respectfully, 

"DANIEL SWEENEY." 

On April 15, 1882, the Senate having under consideration a resolution con- 
demning the dilatory and unpatriotic course of the State Department, Mr. Voor- 
hees said : 

"Sir, what is the attitude of the American Government at this time on this momen- 
tous question ? Is it one which inspires a feeling of satisfaction and pride in the American 
heart ? I appeal to the record. On the 9th day of the last month this body made inquiry 
in the following form after the condition of a citizen of the United States then confined 
in a British jail : 

Whereas, It is alleged that Daniel McSweeny, a citizen of the United States, and 
lately a resident of the State of California, while peaceably sojourning in England, has 
without just cause been imprisoned by the British Government ; be it therefore 

Resolved, That the Secretary of State be, and is hereby, instructed to ascertain the 



252 PROTECTION OF AMERICAN CITIZENS ABROAD. 

cause for the alleged imprisonment of the said Daniel McSweeney, and make report to 
the Senate at the earliest day possible. 

" On the 20th day of March, eleven days after the passage of this peremptory resolu- 
tion, the Secretary of State transmitted to us his answer. Every particle of information 
on the subject was in his hands when the resolution i-eached him, and could have been 
reported in twenty-four hours had he reported 'at the earliest day possible,' as 
instructed. The American State Department, however, has always, in late years, taken 
its greatest leisure and proceeded most slowly when an American citizen was in a foreign 
prison, and this diplomatic custom was not broken in the present instance. But, sir, pre- 
pared as I was for the exhibition of a weak foreign policy on our part, I was utterly- 
amazed at the contents of the communication from the Secretary of State in this case. 
It appears that Daniel McSweeny was arrested June 2, 1881, now more than ten months 
ago, and that he has suffered m prison from that day to this. He was dragged from a 
bed of sickness, in the presence of his wife and children, by British constables. He was 
guilty of no crime, not even the shadow of any crime known to the laws of any civilized 
nation on the face of the globe. No one will pretend that he was ; no one will rise here 
and say so. If the party so long in power in this Government has a friend on this floor 
who will risk his reputation in trying to point out the guilt of McSweeney, I want to 
hear him. Let him stand forth at once and reconcile us if he can to the policy of the 
Republican party in relation to the foreign-born citizens. This extraordinary document 
from the State Department tells the whole miserable story. I challenge particular atten- 
tion to dates. On the 3d day of August, 1881, Julia McSweeney wrote to the Secretary 
of State from the County Donegal, Ireland, in behalf of her husband, and her letter was 
received here in Washington on the 16th day of the same month. In that letter the 
brave, high-spirited wife, says : 

" ' Some four years ago I came with my family, on account of my husband's failing 
health, to reside temporarily in this country. I was aware that England claimed this 
island, but I was under the impression that Americans might venture to travel or reside 
abroad protected by their flag, but in this I was mistaken.' 

" And then she proceeds, with a woman's keen sense of wrong and outrage, to 
describe the brutal arrest of her invalid husband. She continues : 

" ' It is not alleged that he committed any crime or violated any law. He, being an 
American citizen, immediately forwarded his naturalization papers, together with a 
solemn protest against this British outrage, to the American minister at London. That 
gentleman answered that the matter would be laid before one Granville, and that 
inquiries would be made as to the ground of his arrest.' 

" And still there was no response to this American wife and mother. She 
invoked the justice of law for her husband, innocent of crime, and she asked 
in respectful terms whether she herself would be protected, or left to share his 
fate because she could not help sharing his opinions. She spoke for him, for herself, 
and for her virtually orphaned children. Sir, a government or the department of a 
government which in any age of the world's history would turn a deaf ear to burning 
words like these could not complain of being regarded with aversion and contempt in 
all quarters of the globe. A policy of silence and indifference under such circumstances 
is so unmanly and pusillanimous that every American head will be bowed with shame 
and every American heart filled with humiliation as the facts of this case become gener- 
ally known. I feel degraded in my pride as a citizen of the American Republic when 
compelled to state, as I now do, with the communication of the State Department in my 
hand, that until six long and weary months to the prisoner after this Government had 
received his wife's letter not a single step was taken by the authorities here directing 
inquiry into the circumstances of his arrest, and then only when influenced to do so by 
other considerations, as I shall show, than a just appreciation of his claims to protection. 

"Mr. Jones, of Florida — Will the Senator permit me to ask him a question, without 
interrupting him ? Is McSweeney now in prison ? 

"Mr. Voorhees — I understand so, as no notice whatever has been given of his 
release. 

"The woman's appeal lay unheeded in the official pigeon-holes of the Department 
whose duty it was to protect her husband and all his family, but in the meantime the 
voice of such an outrage could not be stifled, and was finding its way to the public ear 
through more natural channels than the artificial and heartless methods of diplomacy. 
On the 23d of January, 1882, there was published in the San Francisco Examiner a letter 
from the prisoner himself. It was accompanied by an editorial in which it was stated, 
among other things, that — 

" 'The writer, Daniel McSweeney, was for many years a' well-known and esteemed 
resident of San Francisco, doing business at the corner of Ninth and Howard streets, 
where he was engaged in the cattle trade.' 



PROTECTION OF AMERICAN CITIZENS ABROAD. 253 

"That he had a large family, six of his children being with their mother in Ireland 
and two in San Francisco, and that Mrs. McSweeney's health was being rapidly under- 
mined on account of her husband's unjust imprisonment. Mr. McSweeney's letter was 
written to his daughter in California, and its recitals are so simple, and yet so horrible, 
coming from a man whose rights as an American citizen are as perfect as yours, Mr. 
President, or as mine, that I cannot relrain from laying them again before the American 
Senate. The letter is written from "Dundalk jail," and is dated "December 12, 1881 ": 

" 'My Dear Mamie : You must excuse me for not answering your last two letters 
sooner. Since winter set in I was unable, owing to severe cold in this dungeon, to sit 
still long enough to write even a few lines. I have to keep moving about continually in 
my narrow space to keep from freezing. You must know how dreadful it is to be locked 
*ip eighteen hours a day in this cold, damp climate, without any fire, and, worse still, 
we are compelled to stand or walk about daily for five hours in the open air, in a damp, 
muddy yard, ankle-deep in water, and then retire to our cold cells, trembling with cold. 
It requires a strong constitution to stand it long. I fear many of our brave fellows will 
succumb before the winter is over. As I was only sentenced for sixteen months, I 
thought at first I might live it out ; but you know I was in delicate health when arrested, 
being barely able to move about after a severe attack of sickness.' 

"Sir, this is a picture of wanton brutality such as barbarians alone inflict on pris- 
oners, whether guilty or innocent. . It shows that the spirit of torture, which for so many 
ages stained and blackened English history, is yet alive and active, and especially so 
when the victim belongs to a government whose administration cares nothing for his 
safety, and still less, if possible, for its own honor. 

"But to continue Mr. McSweeney's letter : 

" ' All efforts on the part of your mother and all our friends failed to discover the cause 
of my arrest. I appealed to Mr. Lowell, United States Minister at London, for protec- 
tion, but he answered that it is absurd for a naturalized citizen of the United States to 
claim protection. He says that even an American citizen could only have recourse to an 
appeal to the courtesy of the British Government to be released. He added, in a later 
communication, that the British Government refused to give him any information about 
the charge against me, and that they snubbed him.' 

"Strong as this statement is, contained in a letter written in jail from a father to a 
daughter, yet I will show that it is the exact truth when I come to comment on the dis- 
patches and official conduct of Mr. Lowell, the American Minister at London. Mr. 
McSweeney, however, proceeds in his letter : 

" ' Your mother wrote to Mr. Blaine about my case, but that gentleman did not deign 
even a reply. I heard nothing whatever from him. * * * I am now in jail going 
on seven months, charged with no crime, and not even a shadow of suspicion that I 
violated any law ; and when our American Minister asks a civil question about me he is 
snubbed, insulted, and his flag trampled on ; but he does not appear to make much fuss 
about it, and the American Government takes no notice of the question any more than 
the king of the Sandwich Islands would.' 

" Sir, I think Mr. McSweeney does injustice to the foreign policy of King Kalakaua 
in placing it as low and weak as our own. * * * 

"But, sir, there is another feature in this case arising out of the correspondence 
before us which demands attention. The conduct of the American Minister at London 
and his conceptions of duty on a question of such vital moment are matters of paramount 
importance at this time. It will be remembered that Mr. McSweeney states in his letter to 
his daughter that he applied to Mr. Lowell for protection, and that he applied in vain. An 
inspection of Mr. Lowell's dispatches and letters on this point deepens and intensifies, if 
possible, the sense of American humiliation. The prisoner alleged in his application for pro- 
tection not only that he was not guilty of any violation of law, but that he was not even noti- 
fied of any criminal charge against him ; that he was in prison without trial and without 
accusation. With this statement he forwarded his naturalization papers, concerning 
whose legality and sufficiency no question has ever been made. With the case thus made 
out before him the first step taken by the American Minister was such, I venture to say, as 
never before occurred in the diplomatic or judicial annals of the human race. On the 
ioth of June, 1881, he instructed the vice-consul at Belfast to ascertain the cause of 
arrest, and, if innocent — if innocent — to present the matter in the competent quarter, 
wherever that might be, and ask that Mr. McSweeney be released or brought to trial. 

" I defy the records of the dullest- witted justice of the peace in the United States to 
equal in the stupid evasion of duty this amazing diplomatic paper. The vice-consul at 
Belfast was instructed to find out, if he could, the cause of McSweeney's arrest ; then in 
some inconceivable and incomprehensible way he was to pass upon the entire question 
of this unfortunate man's guilt or innocence. It was to be done without a judicial trial 



254 PROTECTION OF AMERICAN CITIZENS ABROAD. 

for that had been refused ; without witnesses, for the vice-consul had no power to call, 
swear, or examine them in such a case ; without the presence of McSweeney himself, 
for he was in jail, and could not attend. Under the instructions of Mr. Lowell the pris- 
oner, while in the Dundalk jail, with a British turnkey over him, was to be tried and 
convicted, or acquitted, without one single form of law, but simply in the void and 
empty mind of a vice-consul at Belfast. But the result of this trial, not in a court of 
law, but in the uninformed mental processes of the vice-consul, was perhaps to be the 
most astounding feature of this whole disgraceful business. The vice-consul at Belfast 
was instructed by the American Minister that if he found McSweeney innocent then he 
was to ask, not demand, but ask that he be released or brought to trial ; and it seems 
from the dispatch that which measure of relief, release, or trial he would ask was left to 
himself to determine. 

" If this is not the first time in the history of the nations of the earth that a man's 
right to a trial before the law was made to depend upon his ascertained innocence before- 
hand, then my reading is at fault. If it is not also the first instance in which a respect- 
able government was ever known to shrink from demanding a fair and open trial for one 
of its own citizens imprisoned in a foreign country until his innocence was established, 
then I will confess that I have overlooked the degrading example which we are following. 
The dispatch of Mr. Lowell to the vice-consul at Belfast would be a farce if it were not a 
crime. It marks his total absolute unfitness for the place he holds. The man whose 
methods of thought, whose education and legal training could give birth to such a docu- 
ment as this, can not be trusted with the safety of American citizens or with the honor of 
this Government. He reverses every rule of human responsibility to civilized jurispru- 
dence. He appears ignorant of the fact that every man is innocent in the eye of the law 
until his guilt is proven. He assumes McSweeney's guilt and requires his innocence to- 
be established before his demand for a legal trial will be presented to the British 
Government. 

" Instead of saying to the British Government that this man was an American citizen, 
that he denied all violation of law, that the law itself presumed him innocent, and that, 
therefore, he demanded for him a trial, Mr. Lowell's position was that only in case the 
vice-consul at Belfast should be satisfied of McSweeney's innocence was the request to be 
made for his trial or discharge. 

" But what investigation, in point of fact, was made under the instructions of 
the American Minister into McSweeney's guilt or innocence ? Absolutely none, 
whatever. It was enough that the guardian of American rights abroad was 
answered with insolent brevity that the prisoner was ' reasonably suspected, ' not 
that he was charged upon oath or affirmation, not that he had been indicted by a grand 
jury or committed by an examining magistrate, not that he had committed a breach of 
the peace or been taken in the act of violating law, but that he was ' suspected ' by some 
servile English detective ot a feeling, not an act — a feeling in common with the 
enlightened and humane sentiment of the whole human race hostile to the colossal iniquity 
of British spoliation, rapine, lust, and murder in Ireland. 

" Upon receipt of this atrocious answer, the American Minister, in utter abandonment 
of the laws of his own country and without pride or shame, announced that 'no further 
means of ascertaining the justice of the accusation were open to the vice-consul.' He 
never afterward officially broached the subject to the authorities of Great Britain. He 
tells us, indeed, that at a subsequent date Mr. McSweeney having asserted his innocence, 
he ventured unofficially, disrobing himself of all weight as a representative of this 
government, to communicate this circumstance, and to ask that the case might be 
considered favorably. Then, however, Mr. Lowell was completely and perpetually 
silenced by the curt and distinct reply of Lord Granville, ' that under no circumstances 
would his request be granted.' Brow-beaten, insulted, and without the proper spirit to 
resent arrogance or to execute American law, he sheltered himself under the expressed 
belief, as will be seen on page 7 of the published correspondence, that the prisoner was 
'no more innocent than the majority of those under arrest.' 'No more innocent ! ' 

"Mr. Jones, of Florida — On that point I wish the Senator would observe that the 
language of Lord Granville, as reported by Mr. Lowell to the State Department, is that 
under no circumstance would any explanation be given to the American Minister of the 
cause of the arrest of an American citizen, whether naturalized or native-born, beyond 
what could be found on the face of the warrant under which he was arrested. 

"Mr. Voorhees — I have the statement before me, and have so repeated it. 'No 
more innocent,' says the American Minister; there is no reason to suppose that McSweeney 
is any more innocent than the rest of them. Will any Senator rise in his place and risk 
his reputation by saying that a man who has given such an expression as that ought to 
be retained in any branch of the public service ? Comparative innocence ! Everybody is 
mnocent until after a fair trial and a verdict of guilty, and yet the American Minister at 



PROTECTION OF AMERICAN CITIZENS ABROAD. 255- 

London dares, with infinite hardihood, to assume and assert that all the untried, uncon- 
victed ' suspects ' in British jails, who are citizens of the United States, are guilty, and 
that Daniel McSweeney is as guilty as the others. He does not know, he cannot know, 
whether this is true or false; 1 presume he does not care. 

"But this is not all. Outside of and beyond the meagre and lifeless records of the 
Department of State, a few letters from the American Minister to the American in prison 
have found their way into the public press. They throw a light on our foreign policy at 
this time which ought to be fully understood and thoroughly condemned. I did not sup- 
pose that at this late day there was any doubt in any intelligent mind as to the equality 
of the naturalized with the native-born American citizen in his right to the protection of 
his government. I thought that question forever settled by the diplomatic writings of 
Cass, Marcy, Webster, and other great Secretaries of State in past generations. But in 
this it seems I was mistaken. The American Minister at London asserts a distinction 
between naturalised and native-born citizens of the United States as odious to every prin- 
ciple of justice as the ancient spirit of the alien and sedition laws. Let the following 
letter attest the truth of this statement: 

Legation of the United States, \ 
London, September 22, 1881. j 

Sir: I have to acknowledge your letter of the 17th instant. I have not thought it- 
proper to make any application for your release from prison for the following reasons: 
The coercion act, however exceptional and arbitrary and contrary to the spirit and fun- 
damental principles of both English and American jurisprudence, is still the law of the 
land, and controls all parties domiciled in the proclaimed district of Ireland, whether 
they are British subjects or not. It would be manifestly futile to claim that naturalized 
citizens of the United States should be excepted from its operation. The only case, in 
my opinion, in which I ought to intervene would be when an American citizen who was 
in Ireland attending exclusively to his own business, and taking no part whatever in pub- 
lic meetings or political discussions, should be arrested. Under these circumstances it 
would be proper to appeal to the courtesy of the government here on the ground of mis- 
take or misapprehension, and ask for the release of the prisoner. 

I have communicated these views to the Department of State, and have received so 
far no instructions in a contrary spirit. It does not appear to me that the leasons above 
given for intervention exist in your case so far as I understand it. 

I am, sir, your obedient servant, J. R. LOWELL. 

Mr. D. McSweeney. 

"Here we find the terms 'naturalized citizen' and 'American citizen' used in con- 
tradistinction to each other. For the naturalized citizen Mr. Lowell says it would be- 
manifestly futile to claim protection irom the operations of an act of Parliament which he 
admits to be ' contrary to the spirit and fundamental principles of both English and Amer- 
ican jurisprudence.' On the other hand, if 'an American citizen who was in Ireland 
attending exclusively to his own business, and taking no part whatever in public meetings 
or political discussions, should be arrested,' the representative of American honor abroad 
thinks he would venture to appeal to the courtesy of the British Government on the 
ground not of right, but of mistake or misapprehension. The rule of action here declared 
in behalf of the native American will excite the contempt of the civilized world, and yet 
it is somewhat less infamous than the policy laid down in reference to those whom our 
laws have adopted as citizens. There is a discrimination against the American of foreign 
birth inconsistent with American law and with the law of nations." 

The above cases have been selected to illustrate the "sickening sycophancy" 
of our government to that of Great Britain at the sacrifice of our national honor. 
The other cases present no features noticeably different from those given. It is 
the same story, from beginning to end, of disgraceful subserviency, under the title 
of "diplomatic courtesy." 

Interesting Correspondence. 

The following extracts from correspondence on this subject will furnish some 
1 ' mighty interesting reading : " 

" Mr. Barrows to Mr. McCormack. 

"Consulate of the United States, [ 
" Dublin, February 24, 1882. \ 
" Sir : I am in receipt of yours of the 23d, and in reply beg to inform you that the 
fact of your being an American citizen confers upon you no immunity irom arrest and 
imprisonment under the coercion act. The minister can interfere only :. 



256 PROTECTION OF AMERICAN CITIZENS ABROAD. 

" 1st. When such person being in Ireland in the prosecution of his lawful private busi- 
ness, and taking no part in political meetings or partisan disturbances, has been arrested 
by obvious mistake ; or, 

"2d. When a distinction has been made to the disadvantage of the prisoner on the 
ground of his American nationality. 

" The above are the decisions of Minister Lowell, under whose instructions I am 
acting. Should there be a peculiar hardship in your case, not affected by these decisions, 
please submit all the facts in the case, together with evidence of your American citizen- 
ship, and the matter shall have my prompt attention. 

"I remain, etc., 

" B. H. BARROWS, United States Consul." 

Mr. Barrows, reiterating the decision of Minister Lowell, seems to be better 
informed as to the effect of a British law than the mandates of an American act of 
Congress. Under the act of 1868 it was the duty of our Government to demand 
an immediate trial or release. Our representative, however, while an acknowl- 
edged citizen is languishing in a dungeon, spends the valuable time due to a suffer- 
ing countryman in construing British laws. 

"Naas Bastile, April 18, 1882. 

" Dear Sir : Herewith I forward you certificate of my American citizenship, and 
beg to request that you will lose no time in forwarding it to Mr. Lowell. I lost the 
ordinal document, and in consequence of your reply to me last February, I neglected 
sending for a duplicate until the 20th ultimo. I trust that Mr. Lowell will lose no time 
in representing my case, as I am now undergoing my fourth month's imprisonment 
without the slighest shadow of a charge against me. Of course my business as a 
journalist and newspaper proprietor is suffering severely through this most wanton 
outrage perpetrated on me by the British Government, and I think it would be nothing 
more than ordinary justice that Mr. Lowell should demand compensation for me, for the 
losses which I have sustained. I shall expect at least that my trial or unconditional 
release will be demanded forthwith. Surely four months should be time enough for 
the British authorities to trump up a charge against me if they could, but I defy them to 
do so. 

" It might be necessary for me to explain the slight difference between the name 
under which I was arrested and that of my certificate of citizenship. The name under 
which I was arrested is John R. McCormack, the R being used by me from my mother, 
whose name is Ryan, in order to distinguish me from several John McCormacks -in 
Tipperary, amongst them three first cousins of my own. Of course I am prepared to 
prove that I am the actual person mentioned in the inclosed duplicate. 

"Your faithful fellow-citizen, 

"JOHN R. McCORMACK." 

The following shows to what an extent was carried the ' ' diplomatic courtesy " 
of the State Department. Nothing but ignorance or impertinence, barring 
<l diplomatic courtesy," could, possibly have sent the minister from England to 
complain to the Secretary of State of the wording of a resolution of the House of 
^Representatives of the United States : 

" Mr. West to Earl Granville. 
" Washington, January 25, 1882. (Received February 12. ) 

"My Lord: I have the honor to inform your lordship that the Committee on 
Foreign Affairs has reported back to the House a resolution to the following effect : 

" 'That the President be requested to obtain from the British Government a list of all 
American citizens, naturalized or native-born, under arrest or imprisonment by authority 
of said government, with a statement of the causes of such arrest or imprisonment, especi- 
ally of such citizens as may have been thus arrested and imprisoned under a suspension 
of habeas corpus in Ireland, and if not incompatible with the public interest, that he. com- 
municate such information as he receives, together with all the correspondence now on 
file in the Department of State relating to any existing arrest or imprisonment of citizens 
as aforesaid ;' upon which Mr. Robinson, of New York, made a violent speech, copy of 
which is herewith inclosed, against the British Government, and said, alluding to the pro- 
hibition of the importation of hogs into England from America some time ago, which 
created so much sensation, ' Oh ! that we only paid as much attention, as much honor, 
to a live American citizen as we do to a dead Cincinnati hog !' I called Mr. Frelinghuy- 



PROTECTION OF AMERICAN CITIZENS ABROAD. 257 

sen's attention to the terms of this resolution, and to the language used in the debate upon 
it, but he said he had no knowledge of any such resolution as I had now alluded to, and 
which I showed to him, nor could he tell me what was likely to be the ultimate fate of 
it. I remarked to Mr. Freliughuysen that, although not much importance need be 
attached to such language as that used by Mr. Robinson, still the wording of the resolution 
was calculated to produce a bad effect, and might cause unnecessary irritation. 

" Mr. Frelinghuysen said he would make inquiries as to what had taken place in the 
committee respecting the resolution. " 

" I have, &c, 

" L. S. SACKVILLE WEST. ' > 

Case of O'Connor. 

In a recent interview in the New York Herald Hon. Perry Belmont states this 
case as follows : 

One of the most characteristic cases, perhaps, was that of Dennis H. O'Connor. That 
case was brought to the attention of the Department of State about November, 1881. On 
the 14th of February, 1882, Mr. Cox of New York, brought it to the notice of the House. 
The facts then appeared to be these : Dennis H. O'Connor was naturalized as an Ameri- 
can citizen in 1875. He had lived for some time in Ireland and was in business there, 
when in 1881 he was arrested as a ' suspect.' He was in ill health and his imprisonment 
was likely to prove very injurious if not fatal to him. 

"Mr. P. C. O'Connor, the brother of the prisoner, in November, 1881, laid these 
facts in writing before the Department of State. In doing so he was supported in his 
request by the Mayor of Baltimore in a note of introduction -'■ — and Mr. Belmont, turning 
to the files of the Congressinnal Record for February, 1882, indicated the following note, 
which was read by Mr. Cox in the course of a speech : 

Dear Sir — Permit me to present to your kind attention Mr. P. C. O'Connor, of this 
city, who desires to see you relative to his brother, a citizen of this country, who is under 
arrest in Ireland. I commend him as a gentleman of honor, character and intelligence. 
With kind regards, very sincerely yours, 

WILLIAM PINCKNEY WHYTE, 

Mayor of Baltimore. 

Secretary of State, Washington, D. C. 

" Under date of November 25, 1881," Mr. Belmont resumed, " a reply was made by 
die Department to Mr. O'Connor's statement of his brother's case. Here it is : " 

Mr. Belmont pointed to the appended letter, which appears on the same page of the 
Congressional Record as that just given. It bears Mr. Blaine's signature, and the most 
significant passage of the document is the following : 

The case of your brother, Mr. Dennis H. O'Connor, will take the same course as 
those which have preceded it, and I can only express the hope that the efforts in his 
behalf may result in his early liberation. In this connection I must, however, remind 
you that the act of Parliament under which Mr. O'Connor is held is a law of Great 
Britian, and it is an elementary principle of public law that in such case the government 
of that country in the exercise of its varied functions — judicial and executive — administers 
and interprets the law in question. The right of every government m this respect is 
absolute and sovereign, and every person who voluntarily brings himself within the juris- 
diction of the country, whether permanently or temporarily, is subject to the operation 
of its laws, whether he be a citizen or a mere resident, so long as in the case of the alien 
resident no treaty stipulation or principle of international law is contravened by the pro- 
ceedings taken against him. 

In stating this familiar principle no more is conceded to Great Britain than every 
country may of right demand, and it is one of the sovereign rights that the government of 
the United States has always insisted upon and maintained for itself. 

" The whole point is whether or not a ' principle of international law was contra- 
vened ' by the proceedings taken against Mr. O'Connor. There can be no doubt that a 
principle of international law was contravened, and such appeared to be the view after- 
ward taken by the Department of State under Mr. Frelinghuysen. On the 14th of March, 
1882, the Senate Committee on Foreign Relations received from Secretary Frelinghuysen 
a reply to a communication asking him what steps had been taken for the relief of the 
American citizens arrestod in Ireland under the Coercion act. Mr. Frelinghuysen said 
that on March 4, he had directed Minister Lowell, by cable, to ask that Americans 
detained under the Coercion act should he brought to a speedy trial. Mr. Lowell, the 
Secretary said, had replied by cable that he had carried out these instructions. This 
shows what even a very conservative Secretary of State might do for citizens imprisoned 
abroad. 

17 



258 PROTECTION OF AMERICAN CITIZENS ABROAD. 

Democratic Principles and Protests. 

Senator Voorhees' Speech. 

In protesting against the Republican indifference to the rights and liberties of 
our citizens abroad in the speech from which we have above quoted, Senator 
Yoorhees stated the Democratic principles, as follows: 

The security, the dignity, and the inviolability of American citizenship constitute, 
more than all other things combined, the strength and honor of this Government. Any 
policy emanating from any source which ignores in the slightest degree this great fact 
calls for prompt and stern condemnation. A government which is indifferent to the fate 
of its own citizens, whether at home or abroad", which fails to respond boldly and swiftly 
to their appeals for justice, and leaves them to waste away their lives in prison, untried, 
unconvicted, is unworthy of allegiance and ought not to have and will not long retain a 
respectable position among the independent powers of the earth. Duties are reciprocal 
between the Government on the one hand and its citizens on the other. 

A failure to perform these duties by either party to the political compact is fraught 
with weakness, danger, and disgrace. If the citizen fails to keep upright faith with his 
Government, and bear true obedience to its laws in peace and in war, he weakens, and 
perhaps totally destroys his claim upon that Government for protection. If the Govern- 
ment itself, however, abandons the citizen to injustice and oppression, permits him to be 
stripped naked of all legal security or defense, turns a deaf ear to his just demands, and 
leaves him to suffer indefinite terms of imprisonment without trial, either in his own or 
foreign countries, no one will deny that the obligations of the citizen are at an end. And 
it is equally true that such an example of weakness, timidity, or indifference on the part 
of the Government must go far to shake the respect and attachment of the whole body of 

its people, and to render it contemptible in the eyes of neighboring nations. 
****** 

Lewis Cass, near the close of his long and illustrious life, while Secretary of State in 
1859, interposing for the protection of an American citizen of German birth,' held the 
following doctrine in a letter to the United States Minister at Berlin : 

' ' The right of expatriation cannot at this day be doubted or denied in the United 
States. The idea has been repudiated- ever since the origin of our Government that a 
man is bound to remain forever in the country of his birth. The doctrine of perpetual 
allegiance is a relic of barbarism which has been disappearing from Christendom during 
the last century." 

Sir, this relic of barbarism, as it is here justly styled, has practically disappeared from 
every quarter of Christendom, except the American embassy in London and the British 
jails in Ireland. But still earlier than the letter of General Cass, from which I have 
read, the law of American honor, strength and glory was announced in such majesty of 
truth and power that I recur to it now in these degenerate days with the feeling of a 
traveler m the burning desert as he approaches the cooling, healing waters of a fountain 
in the depths of a grove. William L. Marcy ; honored forever be his name ! What 
American can read his immortal letter to Hulseman, touching the arrest and imprison- 
ment of Martin Koszta by the Austrian Empire, without feeling his patriotism kindle into 
a flame and his pride of country rise high toward the zenith ? On the 26th day of Sep- 
tember, 1853, the great Democratic Secretary of State proclaimed the following grand 
utterances to the listening, expectant, and wondering nations of the earth : 

"Whenever, by the operation of the law of nations, an individual becomes clothed 
with our national character, be he native-born or naturalized citizen, an exile driven from 
his early home by political oppression, or an emigrant enticed from it by the hopes of a 
better fortune for himself and his posterity, he can claim the protection of this Govern- 
ment, and it may respond to that claim without being obliged to explain its conduct to 
any foreign power, for it is its duty to make its nationality respected by other nations 
and respectable in every quarter of the globe. * * * International law looks only 
to the national character in determining what country has the right to protect. If a 
person goes from this country abroad with the nationality of the United States, this law 
enjoins upon other nations to respect him in regard to protection as an American citizen." 

Koszta was not yet a citizen of the United States ; he had simply declared his inten- 
tion to become one. McSweeney's naturalization papers are full and complete. Koszta 
had a domicil in this country less than two years. McSweeney has resided, a well- 
known and respected business man, a quarter of a century in San Francisco. Yet, having 
laid down the principles of public law on the subject of American rights throughout the 
world, Mr. Marcy continues : 



PROTECTION OF AMERICAN CITIZENS ABROAD. 259 

"Giving effect to these well-established principles and 'applying them to the tacts in 
the case, the result is that Koszta acquired, while in the United States, their national 
character ; that he retained that character when he was seized at Smyrna, and that he 
had a right to be respected as such while there by Austria and every other foreign power. 
The right of a nation to protect and require others to respect at home and abroad all 
who are clothed with its nationality is no new doctrine, now for the first time brought 
into operation by the United States. It is common to all nations, and has had the 
sanction of their practice for ages, but it is new that at this late period, when the United 
States assert a claim to it as a common inheritance, it should at once be discovered 
that it is a doctrine fraught with danger and likely to compromit the peace of the 
world. The United States see no cause for alarm ; no reason for renouncing for them-, 
selves what others have so long and so harmlessly enjoyed. 1 " 

Sir, these are high, heroic words, and they well became the occasion. An American 
sloop-of-war, the Saint Louis, Captain Ingraham, a son of South Carolina, commanding, 
had, with shotted guns and lighted matches, rescued in a distant sea, from chains, dun- 
geons and certain death the person of a wanderer and an exile who had barely touched 
our shores, but who in that brief stay had clothed himself with the mantle of American 
nationality. The imperial house of Hapsburg demanded that the Government of the 
United States should deliver him up to Austrian vengeance ; that it should disavow the 
conduct of Captain Ingraham and all the American agents in the affair ; punish them 
severely, and then tender to Austria such satisfaction as she might deem proportionate to 
the outrage complained of. And in order to enforce this demand upon the United States, 
Austria applied to the principal powers of Europe, and actually induced them to warn 
and admonish this Government in regard to its duty in the premises. 

It was under these circumstances, with the whole world looking on, and with all 
Europe in sympathy with Austria, that Marcy wrote his immortal communication to the 
representative of Austrian power and despotism. The Hungarian refugee was not 
delivered up ; the conduct of Ingraham and the other American agents at Smyrna was 
not disavowed ; they were not punished ; they were honored, and no other kind of sat- 
isfaction than this was ever tendered to the Empire of Austria. [Manifestation of 
applause in the galleries.] Now an American Secretary of State is content for the British 
Government to inform him distinctly, through the American minister, that it is none of 
his business why American citizens are in British jails ; that the cause of their arrest will 
not be given, and that they shall neither be tried nor released. The contrast is complete ; 
it can go no further. 

But it is said by the apologists of British arrogance and American pusillanimity that 
under the act of Parliament, known as the Coercion act, it is lawful for men and women 
to be arrested, sentenced, and indefinitely imprisoned who have committed no crime, 
and are charged with none, but who have fallen under the suspicion of the spies and 
informers of the British Government. We hear these unfortunate captives styled 
"suspects," not criminals, but " suspects." 

They are not alleged to have violated any law, but they are suspected of an intention 
to discuss those questions, as old as human existence, which involve the scant measure 
of bread on their poor tables, and the hard beds on which they and their children sleep 
of nights. The law of sworn accusation, indictment, public trial, and conviction before 
imprisonment under sentence, has given way to the law of suspicion. There can be no 
more atrocious system of jurisprudence than this ; there can be no blacker crime com- 
mitted by a government against its own citizens, or those who happen to sojourn within 
its barbarous jurisdiction. Tiberius imprisoning and slaughtering Roman citizens upon 
suspicions poured into his ears by his infamous parasite, Sejanus, presented not such a 
spectacle of horror as the British Government in its policy towards Ireland now presents. 

The evil-minded tyrant of Rome lived in a darker age than this. He was a heathen ; this 
is the nineteenth century of the Christian era, and near its majestic close. Such an enactment 
as the Coercion act now in operation in Ireland cannot be law at this period of the world ; 
it is the subversion of law ; it openly assaults every element of justice, human and divine; 
it grapples with and seeks to overturn those immutable, eternal, inherent rights of man 
which are higher and stronger than all the acts of repressive legislation in the entire 
annals of despotism. If it is claimed that a government has the right to legislate tor its 
own citizens as it pleases, even this cannot be admitted without qualification. The 
civilized nations of the earth are not compelled to stand silently by and see one of their 
number convert itself into a prison or a charnel house. International law recognizes a 
point where they may interfere in the interests of humanity. But I am only insisting 
now that Great Britain shall not be allowed to consign American citizens to chains and 
death, whatever she may do with her own, by virtue of an act which uproots, overturns, 
and annihilates every vestige of freedom and law. 



260 • PROTECTION OF AMERICAN CITIZENS ABROAD. 

lam insisting that when the American, "be he a native-born or naturalized citizen," 
goes abroad in the peaceful pursuit of his own affairs, whether of business or pleasure, 
the nationality which he carries shall protect him as well from judicial as from clandes- 
tine murder ; from the illegal acts ot foreign governments as well as from the brutal con- 
duct of foreign mobs. Under existing treaties with foreign powers American citizens 
who happen within their jurisdiction are entitled to the best, not the worst, treatment 
which these powers can furnish to their own people. Less than this would render our 
citizenship delusion and a snare to all who relied upon it in the hour of need. 

Sir, let us look this momentous question plainly in the face. We can less afford to 
ignore it or trifle with it than any other government on the globe. All our interests, 
traditions, and every sentiment of sacred honor bind us to the most vigilant protection of 
our citizens wherever they may be and whatever their nativity. The American Repub- 
lic was established by the united valor and wisdom of the lovers of liberty 
from all lands. The Frenchman with his gay disregard of danger, the 
German with his steady courage, the Pole with his high enthusiasm, 
and the Irisnman with all these qualities combined were here in • the 
long and bloody contest for American independence. La Fayette, the beloved of Wash- 
ington ; Hamilton, who rode by his side and assisted to organize the Government ; 
Pulaski, who fell at the head of his legions at Savannah ; De Kalb who died upon the 
field with all his sabre wounds in front ; Montgomery, who gave up his life in the storm 
of Quebec ; Steuben, the accomplished military organizer ; Kosciusko, with his genius 
and daring ; and large numbers of their followers and associates were born under alien 
skies and came to the banquet of battle and of death because of their love for human 
freedom. On every battle -plain of the Revolution, from Bunker Hill to Yorktown, the 
bones of their countrymen have long since crumbled to dust, and at every subsequent 
period of American history the foreign-born citizen, in council and in field, has been 
faithful to the common cause for which his ancestry bled. 

There are nearly 10,000,000 American citizens and inhabitants now of foreign birth. 
They come not here as aliens in blood with race prejudices against them. They are our 
kindred ; their blood and ours commingle. We are of a common parent stock. Shall 
they be denied the protection of those institutions which they helped to purchase at so 
dear a cost, and which they have done so much to uphold" and honor? Sir, there are 
now five Senators on this floor who were born subjects of Great Britain — three in Ireland, 
one in Scotland, and one in England. Shall they fall under the law of suspicion if they 
should revisit their native homes, be arrested at the pleasure of the British Government, 
cast into dungeons without sworn charge, and held there indefinitely without trial ? 
They are as liable to such a fate as Daniel McSweeney or any other naturalized citizen, 
and under the servile policy of the Department of State and Mr. Lowell, they would 
remain in their cells instead of returning to their seats in this body. 

It has been announced that an eminent American woman contemplates a visit to her 
imprisoned son in Ireland. Mrs. Parnell would doubtless be arrested as a "suspect.'" 
There is a two-fold reason why the suspicion of British spies would haunt her; she is the 
mother of one who believes his people ought to have a chance to own their own homes, and 
who loves liberty and justice well enough to suffer for them; she is likewise the daughter 
of Stewart of the " Ironsides," who saluted the British flag on the high seas in 1812, to 
better purpose, and with far greater propriety, than the salute of October last at York- 
town. [Applause in the galleries.] I plead for the right of this woman, and of all 
women and men of foreign birth, or with foreign alliances, to visit their kindred, share in 
their joys and their sorrows, look upon the graves of their parents, and caress the loved 
ones they left behind them, without molestation or hindrance from any power whatever, 
as long as they break no law. This is not a question as to the people of any one nativity; 
it is not an Irish nor a German question; it applies to all naturalized citizens of every 
clime and land, and it affects their rights and their safety, on whatever sea or shore they 
may wander. It will be settled at no distant day in accordance with American 
honor. The people of the United States have too proud a sense of justice and of their 
own strength and glorious destiny to submit longer to the policy of a party which per- 
mits the American citizen, the American flag, and the American name to be outraged 
with impunity by foreign nations. [Applause in the galleries.] 

Governor Cleveland's Sentiments. 
Views Expressed When Mayor of Buffalo on the Release of the Irish Suspects. 
When it became known in this country that Mr. Lowell had abandoned the 
Americans imprisoned in Ireland without formal accusation, trial or conviction, the 
public indignation found expression in mass meetings to protest against his course, and 
about the time that the controversy culminated such a meeting was called in this city. 
It was held Apnl 9, 1882, in St. James' Hall, and the Governor, who had been then three 



PROTECTION OF AMERICAN CITIZENS ABROAD. 261 

months Mayor of Buffalo, presided. On taking the chair he delivered the following 
address, which is certainly as frank and outspoken in utterance in regard to the duties of 
the American Government to its citizens abroad as any one need ask for : 

" Fellow Citizens — This is the formal mode of address on occasions of this kind, 
but I think we seldom realize fully its meaning or how valuable a thing it is to be a 
citizen. From the earliest civilization to be a citizen has been to be a free man, endowed 
with certain privileges and advantages, and entitled to the full protection of the State. 
The defense and protection of personal rights of its citizens has always been the para- 
mount and most important duty of a free, enlightened government. And perhaps no 
government has this sacred trust more in its keeping than this, the best and freest of them 
all ; for here the people who are to be protected are the source of those powers, which 
they delegate upon the express compact that the citizen shall be protected. For this 
purpose we choose those who for the time being shall manage the machinery which we 
have set up for our defense and safety. 

" And this protection adheres to us in all lands and [daces as an incident of citizen- 
ship. Let but the weight of a sacrilegious hand be put upon this sacred thing, and a 
great strong government springs to its feet to avenge the wrong. Thus it is that the 
native-born American citizen enjoys his birthright. But when, in the westward march of 
empire, this nation was founded and took root, we beckoned to the Old World and 
invited hither its immigration and provided a mode by which those who sought a home 
among us might become our fellow citizens. They came by thousands and hundreds of 
thousands ; they came and 

' Hewed the dark old woods away, 
And gave the virgin fields to-day ; ' 

they came with strong sinews and brawny arms to aid in the growth and progress of a 
new country ; they came to our temples of justice and under the solemnity of an oath 
renounced all allegiance to every other State, potentate and sovereignty, and surrendered 
to us all the duty pertaining to such allegiance. We have accepted their fealty and 
invited them to surrender the protection of their native land. 

"And what should be given them in return? Manifestly, good faith and every dic- 
tate of honor demands that we give them the same liberty and protection here and else- 
where which we vouchsafe to our native-born citizens. And that this has been accorded to 
them is the crowning glory of American institutions. It needed not the statute which is 
now the law of the land, declaring that all naturalized citizens, while in foreign lands, 
are entitled to and shall receive from this government the same protection of person and 
property which is accorded to native-born citizens, to voice the policy of our nation. 

" In all lands where the semblance of liberty is preserved, the right of a person 
arrested to a speedy accusation and trial is, or ought to be, a fundamental law as it is a 
rule of civilization. At any rate, we hold it to be so, and this is one of the rights which 
we undertake to guarantee to any native born or naturalized citizen of ours, whether he 
be imprisoned by order of the Czar of Russia or under the pretext of a law administered 
for the benefit of the landed aristocracy of England. We do not claim to make laws 
for other countries, but we do insist that whatsoever those laws may be they shall, in 
the interests of human freedom and the rights of mankind, so far as they involve the 
liberty of our citizens, be speedily administered. We have a right to say and do say that 
mere suspicion without examination on trial is not sufficient to justify the long imprison- 
ment of a citizen of America. Other nations may permit their citizens to be thus 
imprisoned. Ours will not. And this in effect has been solemnly declared by statute. 

"We have met here to-night to consider this subject and inquire into the cause and 
the reasons and the justice of the imprisonment of certain of our fellow-citizens now held 
m British prisons without the semblance of a trial or legal examination. Our law declares 
that the Government shall act in such cases. But the people are the creators of the 
Government. The undaunted apostle of the Christian religion, imprisoned and prose- 
cuted, appealing centuries ago to the Roman law and rights of Roman citizenship, 
boldly demanded ; 'Is it lawful for you to scourge a man that is a Roman and uncon- 
demned?' So, too, might we ask, appealing to the law of our land and the laws of 
civilization : ' Is it lawful that these, our fellows, be imprisoned, who are American 
citizens and uncondemned ? ' I deem it an honor to be called upon to preside at such a 
meeting, and I thank you fbr it. What is your further pleasure ? " 

In further illustration of the protection Americans abroad may expect from 
Governor Cleveland, we reproduce the folloAving from a recent letter to the Xew 
York Herald by Wm. H. Hurlbert, who has recently given the subject very 
thorough examination. He says : 

It is of good omen for the Democratic party that it invites the country to put the 
control of this great issue into the hands of a President trained as Governor Cleveland 



262 PROTECTION OF AMERICAN CITIZENS ABROAD. 

has been in that great school of executive responsibility from which the ablest managers 
of the State Department, without distinction of party, have been graduated from the days 
of ex-Governor Marcy down to the present time. 

There are two great Declarations of Independence in our American history. 

On the 4th of July, 1776, Thomas Jefferson drew up for the British colonies in 
America the declaration of their right, as organized communities, to decide for themselves 
the political conditions under which they would exist. 

On the 20th of September, 1853, ex-Governor Marcy, of New York, as Secretary of 
State of the United States, under a Democratic administration, drew up and presented to 
the world another and a scarcely less memorable declaration. 

In his reply, then made, to the demand of Austria for the surrender of Martin Koszta, 
a born subject of the Austrian Emperor as King of Hungary, who had taken part in the 
Hungarian insurrection under Kossuth, escaped to America and declared his intention to 
become an American citizen, Secretary Marcy once and once for all made an end of the 
European feudal doctrine of the indelible allegiance of the individual as impressed on him 
at his birth. 

This was the Democratic doctrine of ex-Governor Marcy. This, we may be sure, will 
be the Democratic doctrine of President Cleveland. Great Britain, after an obstinate 
resistance of sixty years, found herself compelled in 1871, by the able diplomacy of 
another ex-Governor of New York, Mr. Hamilton Eish, formally to acquiesce in this 
Democratic doctrine. 



OUR FOREIGN POLICY. 



26S 



Our Foreign Policy 



Importance of the Subject. 

New foreign markets for our surplus products and manufactures is one of the 
most pressing demands of the day. The American people think that a century is 
enough for the adjustment of sectional rivalries, and that the time has now arrived 
when the public mind must not be limited to the consideration of home affairs. 
They believe that 2,000,000,000 consumers in the markets of the whole world 
will do more to relieve the farmer, the laborer, and the manufacturer than a lim- 
ited home market of but 55,000,000 consumers. 

An examination of our trade statistics shows the following remarkable, and we 
might say, startling and disgraceful facts, viz : 

But two per cent, of our annual manufactures are sold abroad, notwithstanding 
there are fifteen sister Republics south of us on the American Continent, exceed- 
ingly deficient in and in need of manufactured articles of nearly every description. 

About eighty per cent, of our exports are, on an average, the products of 
agriculture. 

Spanish-American Commerce. 

Of our total annual exports, eighty per cent, goto Europe, and less than five per 
cent, to the fifteen Spanish- American Republics. 

\Te allow the trade of those Republics to be monopolized by England, France, 
Germany and other European powers. 

Recognizing the transcendent importance of a change in this respect, the 
Democratic Party has incorporated in its National platform, the following resolu- 
tion : 

' ' We favor an American continental policy, based upon more intimate com- 
mercial and political relations with the fifteen sister Republics of North, Central 
and South America, but entangling alliances with none." 

The total annual imports of these Spanish-American Republics, and our share 
therein are, as stated in the last annual report of the State Department, as follows, 
in value : 





Imports from 
all Countries. 


Imports from 
United States. 


Mexico 


$35,000,000 

10,100,000 

147,067,000 


$13,000,000 

1.020.000 
14.500.000 


The five Central American Republics 

The nine South American Republics 


Total 


$192,167,000 


129,126,000 





Our share therein 15 per cent. 



264 OUR FOREIGN POLICY. 

Their total annual exports, and our share therein, are in value as follows 





Exports to all 
Countries. 


Exports to the 
United States. 




$20,000,000 

14,328,000 

201,579,000 


$8,317,000 


The five Central American Republics 

The nine South American Republics 


2,905,000 
23,288,000 


Total 


$235,907,000 


$34,510,000 







Our share therein 14 per cent. 

It will be observed from the above statistics that we supply less than one-sixth 
part of their demand, and buy from them but about one-seventh part of their 
surplus supply. 

The present commerce of these countries is, however, but a drop in the bucket 
compared with the enormous proportions it is bound to assume in the immediate 
future, owing to the tidal-wave of material development and progress which has 
already extended as far south as the City of Mexico and is destined to continue 
throughout the length and breadth of the fourteen other Republics beyond We, 
as a nation, cannot afford to sit still and see our European rivals reap the benefits 
of the coming commercial harvest. 

The great value and importance of the Spanish-American trade is owing to the 
fact that those countries are in climate, resources, products, supply and demand, 
the reverse and complement of the United States. Commercial exchanges based 
upon such conditions are, therefore, most valuable, and in accordance with the 
fundamental laws of trade and political economy. 

If we are ever to have new foreign outlets for our surplus manufactures they 
can best be found in these fifteen sister republics — countries in great need of rail- 
way iron and supplies, farming implements, wagons and carriages, cotton and 
woolen goods, boots and shoes, telegraph and telephone supplies, sewing machines, 
and the various other manufactures which we have to sell. As Senator Maxey of 
Texas, well said, in a recent speech in the United States Senate, in support of the 
bill to aid the World's Industrial Exposition at New Orleans : " The importance 
of securing the trade of Mexico and Central and South America cannot be over- 
estimated. We must have an outlet for our surplus manufactured productions, or 
the shutting down of mills, the placement of workmen on half time, the reduction 
of wages, and strikes will inevitably follow. We cannot hope for an extensive 
market for our manufactured products in Europe, The most inviting field is the 
country south of us." 

But we do not wish to be understood as asserting that the foreign policy of the 
Democratic party mil be limited to Spanish- America for its doctrine of " peace, 
commerce, and honest friendship with all nations— entangling alliances with 
none," is broad enough to include the whole world. 

We have selected these countries because they are to-day the most important, 
and because they best illustrate the dangerous policy which Mr. Blaine inaugurated 
while Secretary of State. 



OUR FOREIGN POLICY. 265 

Dangerous Policy of Republican Party. 

The nomination of Mr. Blaine as the standard-bearer of the Republican party, 
drew forth from the Press the following significant comments : 

Those of the Boston Herald are of peculiar interest, for the reason that it is 
published in a city which has taken the lead in the railway development of Mexico. 
It says, editorially, June 27, as follows : 

The criticism we make of Mr. Blaine's foreign policy is, that it was not well cal- 
culated to commend us to the South American countries, or to secure an increase of our 
trade with them. As a matter of fact, our unwise interference between Chili and Peru, as 
the sponsors of an absurd guano claim, secured for us the ill-will of both of those coun- 
tries. 

Mr. Blaine's policy did not seek peace and trade, or he did not know how to go to 
work to secure them. The conference of American republics was to be held in obedience 
to a call which excluded the consideration of commercial treaties. 

What we need — what would tend to increase our trade with the countries of South 
America — is a comprehensive policy of quite another character from that of "jingo" and 
guano. We need commercial treaties with those countries. Especially we need to be 
represented in them by able, honest men, who know something about commerce, instead 
of broken-down party hacks and "bummers," like Kilpatrick and Hurlbert, sent out by 
Mr. Blaine, and nearly all the official representatives of the United States in South Ame- 
rica for fifty years. 

The trade of South America is not to be secured by patronage and taffy, but by hon- 
est dealing and respectful treatment. The leading men of the South American states are 
alienated by the condescension of American politician-statesmen. It is their great griev- 
ance in dealing with this country, and they will never enter a conference, the apparent 
object of which is merely to glorify the United States. 

Finally, there is no need of a conference, and there is no reason to suppose that it 
would lead to any important result. We need new commercial treaties and steamship 
lines, for the encoiu-agement of which we are in favor of the most liberal policy. 

In another editorial July 17th, the Herald, says: 

It may be said that Mr. Blaine, in spite of his desire to inaugurate a brilliant policy, 
and in spite of the fact that no national policy is so brilliant as a war policy, would have 
the coolness and determination to resist temptation, and would neither seize on the 
Panama canal nor abrogate the Clayton-Bulwer treaty, if he thought that the peace of 
the nation would thereby be jeopardized. We place very little confidence in arguments 
of this kind, for the good and sufficient reason that, if Mr. Blane is elected President, the 
men to whom he owes his nomination, and to whom he will owe election, will also dic- 
tate to him the policy which he is to pursue. He has been nominated because he is 
thought to be intensely and aggressively American, and, if he is elected, he cannot afford 
to, and will not, disappoint his admirers by proving to them that they have mistaken 
their man. We do not mean by this that the enthusiastic Republicans in the West would 
welcome a foreign war, but we do assert that the policy of which they approve would 
almost inevitably lead to that result, although at the present time we acquit them of 
having that conclusion in view in so strenuously advocating it. In intercourse between 
nations, a government cannot assert itself in an aggressive manner unless it is willing and 
prepared to follow up its demands with armed force. To make a demand, and to then 
back down from it when resistance is offered, is one of the most humiliating conditions 
into which a nation can fall, and yet the so-called American, or jingo, policy, for the 
development of which Mr. Blaine is pushed forward, is one which must lead us either 
to make demands and back them up with cannon and bayonet, or submit to ungracious 
snubs from those who are not disposed to yield what they consider their rights, unless 
they are compelled to do so by superior force. 

From the Mississippi Valley, also, which is so deeply interested in the railway 
and commercial development of Mexico and the other states of Spanish America, 
comes an earnest protest against Mr. Blaine's foreign policy as illustrated by his 
acts while Secretary of State. In a speech, opening the campaign in St. Louis. 
Hon. James O. Broadhead said : 

Taking a business view of the matter, Mr. Blaine ought to be peculiarly objectionable 
to the people of St. Louis and the whole Mississippi Valley. He has made himself 



266 OUR FOREIGN POLICY. 

obnoxious to our sister republics that lie south of'us at a time when we are about to culti- 
vate extreme friendly commercial relations with them. They fear his election because 
they fear it will bring disaster to them, and they have in various ways already given 
expression to these fears. During the short time Mr. Blaine was Secretary of State 
under Garfield, he alienated the good will of Mexico and one of the South American 
republics by his course toward them as Secretary of State. He attempted to interfere in 
the difficulties between Chili and Peru ***** and nearly succeeded in goad- 
ing the republic of Chili into a declaration of hostilities toward us. 

It is our interest, not only the interest of St. Louis and the Mississippi Valley, but of 
the whole country, to secure the commerce of these sister republics. The imports of 
these countries amount annually to nearly $500,000,000. We supply only one-sixth of 
this amount. We ought to supply nearly all of it. They need our manufactures — par- 
ticularly the manufactures of the Western States. We need their raw materials. This 
trade ought to be secured by treaties of reciprocity, but the platform of the Republican 
party asserts that the duties on raw materials ought not to be abated. Unless they are 
abated we cannot build up a profitable export trade in manufactured articles. 

Our true policy is that of peace. We want no war with our sister republics. They 
followed our example. They were born in the same atmosphere of freedom with our- 
selves and the course of humanity and justice, as well as our own commercial interests, 
require us to keep friendly relations with them. 

Mr. Blaine is not our candidate. He antagonizes the interests of the people of this 
great valley. 

Again, in a letter by the Hon. James Speed of Kentucky, who was Attorney- 
General in President Lincoln's Cabinet, we find the following : 

The foreign relations of this country are pretty much in the hands of the President, 
During the short time Mr. Blaine acted as Secretary of State he exhibited such a view of 
international law as to make me believe that, should he be elected President, if he would 
not plunge us into needless foreign difficulties he would bring our diplomacy into disrepute 
and make us the laughing stock of the civilized world. No personal magnetism or brilliant 
sentences can compensate for such a blunder. To vote for him would be like voting 
against the peace and honor of my country. I cannot do that at the bidding of the 
Republican party. 

These are but a few of the many adverse criticisms, from various parts of the 
United States, and from abroad of Mr. Blaine's foreign policy while Secretary of 
State. What, then, are the acts which call forth this condemnation. 

The Chili-Peru Affair. 

The voluminous record of the troubles between Chili and Pern, of the guano 
claims, which were so vigorously prosecuted by Mr. Blaine while Secretary of 
State, and of other matters in dispute between those Republics is too lengthy to 
reproduce in this connection. We can only give a few significant facts to illus- 
trate the officiousness and dangerous drift of Mr. Blaine's course. 

In February, 1882, the following resolution was adopted by the House of 
Representatives : 

Whereas, it is alleged in the Chili-Peruvian correspondence recently and officially 
published, upon the call of the two Houses of Congress, that one or more ministers 
plenipotentiary of the United States were either personally interested or improperly con- 
nected with business transactions in which the intervention of this Government was 
requested or expected ; and 

Whereas, it is further alleged that certain papers in relation to the same subjects 
have been improperly lost or removed from the files of the State Department : There- 
fore, 

Resolved, That the Committee on Foreign Affairs be, and they are hereby, instructed 
to inquire into the said allegations, and ascertain the facts relating thereto, and report 
the same, with such recommendations as they may think proper, and they shall have 
power to send for persons and papers. 

In March, 1882, the following further resolution was adopted by the House : 

Resolved, That the Committee on Foreign Affairs be directed to demand from 
Jacob R. Shipherd of New York, copies of all correspondence between himself and 



OUR FOREIGN POLICY. 267 

any person or persons whatsoever, and all papers and other evidence in his possession 
tending to show what said Shipherd did or attempted to do to enforce the claim of 
the Peruvian Company or to induce the United States to enforce this claim against 
Peru. 

Under the authority of these resolutions the Committee entered into an extended 
investigation. 

The minority report of Hon. Perry Belmont is as follows : 

"The undersigned concurs in the general conclusions of the foregoing report of the 
committee, excepting so far as they are qualified by his statements in a speech delivered 
by him in the House, July 5, 1882. He also submits the following statement in regard 
to the Landreau claims : 

"The claim is for services alleged to have been rendered by Theophile Landreau, a 
Frenchman, and amounts to a sum variously stated from seven millions three hundred 
thousand to one hundred and twenty-five millions of dollars. Precisely what those 
services were, or what amount of time, trouble, and money were expended in giving 
them, is not shown. The claimant and his friends confine themselves to vague and 
general allegations that they were very costly to him and important to the Government 
of Peru. They consisted in searching for deposits of guano. He did not begin this 
search nor prosecute it at the special request of the Peruvian Government, nor in pur- 
suance of any contract or employment. He alleges that he undertook it because he was 
attracted by certain decrees and proclamations offering a reward of thirty-three per cent, 
for discovering property previously unknown and belonging to the government. He pro- 
fessed to believe and to have the private opinion of some distinguished Peruvian, whom 
he did not name, that he could, under these decrees and proclamations, entitle himself 
to the reward of thirty-three per cent, if he ascertained that any particular part of the 
public land contained guano. This was not a true construction of the decree, and he was 
probably conscious of it. He conducted his searches clandestinely, and whatever dis- 
coveries he made he kept to himself. Having made a " list" of the lands on which he 
said that he had found guano, and sealed it up, he offered to sell his secret to the govern- 
ment. It was bought, or at least a bargain was made for it, upon terms which would 
give the claimant an enormous fortune if his list v/as a true one. He alleges that the 
property on which he had found guano was worth four hundred millions. The govern- 
ment refused to pay on the basis of this list until it was verified by an examination of the 
lands, and declared that Landreau's demand was so large that it could never be paid ; 
but they were willing to pay him what he might reasonably deserve to have. They 
insisted, however, that they must be allowed time to examine the whole subject, with a 
view to the making of a new contract. This proposition was resented as a denial of 
justice. Much dispute followed, and a solemn declaration was made by the executive 
branch of the government that the contract was void. It does not appear that there was 
any absolute refusal to pay for the services which Landreau rendered, but the parties did 
not agree on the terms of a new bargain. 

" This action of Peru gave rise to much harsh denunciation. Landreau and his 
supporters in that country and elsewhere loudly asserted that the government had 
contracted the guilt and intamy of a repudiating State. To the undersigned it does not 
appear so. What they refused to pay was not an ascertained and honest debt. 

"The fact that Landreau thrust his services upon the Peruvian government; that he 
gave the public authorities no notice of his intentions ; that he made no report to them 
of his progress ; that when the bargain was made the government was utterly ignorant of 
the subject matter it embraced ; that the officers consenting to it had no means of 
knowing what Landreau would claim under it except by reference to papers which were 
then close under seal and which Landreau would not permit them to open — these facts 
show it to have been at best a catching bargain, not sanctioned by any principle of 
public law or commercial morality. But, apart from all this, the enormous disparity 
between the services rendered and the compensation claimed for them under the contract 
is per se evidence of fraud so strong that no chancellor in the world would enforce it in a 
suit between private parties. The proper authorities were, therefore, perfectly justified 
in pronouncing the contract void. 

"This decision upon the contract was made by the executive branch of the Peruvian 
Government ; the legislature, being appealed to, refused to say it was wrong ; and when 
the judicial courts were called upon by the claimant to enforce the contract they 
decided that they had no jurisdiction of such a cause. Undoubtedly the courts 
were right. No law of Peru gave the judiciary power to cite the Executive before it and 
rejudge its decision in such a case. In that country, as in this and every other, the 
decision of the Executive is final in matters of contract between the sovereign and an 



268 OUR FOREIGN POLICY. 

individual, except where some special provision submits it to the cognizance of a judicial 
tribunal. 

"The claimant got a decision from the Executive. It was a right and true determin- 
ation of the cause, and he falsely complained that justice was denied him. Justice was not 
denied him ; it was given him by the only organ of the government which had 
jurisdiction of the parties or the subject-matter in controversy. 

"After the decision of the Executive against him and the refusal of the legislature to 
interfere, and his failure in the courts, he applied to his own government — that of France 
■ — to aid him in getting his claim acknowledged and paid. But here he was met by his 
own express agreement that he should forfeit his claim if he proceeded or attempted to 
piocure the diplomatic intervention of any foreign government in its favor. It will not 
be denied that this was a perfectly lawful provision, which could not be violated without 
incurring the stipulated penalty. It was a dependent covenant, and therefore an essential 
part of the contract. It was wise, necessary, and just to insert it. Peru was willing to 
make contracts with foreigners who would consent to put themselves on a level with her 
own citizens, but she would not embroil herself with forergn governments about the 
execution of contracts which concerned her own domestic affairs exclusively. The 
conclusion from this is that Landreau forfeited and completely lost whatever rights he 
might previously have had under the contract when he violated it by seeking the aid of 
France. But the government of France refused to interfere, either because its authorities 
saw that intervention would be ipso facto the legal destruction of the claim, or else because 
it was, in their opinion, originally dishonest and unjust. Yet Landreau pressed it upon 
them so persistently that it became necessary for the foreign office to instruct its diplomatic 
agents in Peru to have no communication with him. 

" Being thus silenced by the adverse judgment of both Peru and France, the device was 
adopted of getting American influence to carry it. It might be supposed that the United 
States would be very slow to give its protection to a French claim of such character and 
with such a history. The pretenses upon which this was effected were very shallow. 

"It seems that John C. Landreau, a younger brother of J. Theophile Landreau, had 
come to America when about eighteen years of age, and was living in Louisiana. Our 
authorities believed him to have become an American citizen, but that fact is doubtful ; 
for though he had a certificate of naturalization and was appointed \o a consulate in the 
West Indies, which a foreigner could not hold, the records of the court in which he was 
said to have been naturalized contain no trace of such an act. However that may be, 
John C. Landreau was alleged, both by himself and his brother, to have an interest in the 
claim which made it the duty of the American Government to prosecute it. 

" What connection had John C. Landreau with the claim of Theophile ? None 
whatever that could justify or even excuse us for intervening. Certain letters between 
the brothers are produced which, if authentic and written at the time of their date shows 
that Theophile told John while he was prosecuting his searches for guano, what he was 
engaged in and how largely he hoped to profit by it. " For my part," he adds, "I take 
you for my partner and wait with anxiety for the five thousand dollars you promised to 
send me. " Subsequently he acknowledges the receipt of six thousand two hundred and 
fifty dollars previously promised. On what account this remittance was made is not 
shown, but it was manifestly not a contribution of John to the capital of any partnership 
in Theophile's Peruvian adventure. There was never any agreement between them 
which bound John to share losses, or which entitled him to profits. Theophile prosecuted 
the business alone ; there was no privity of contract between John and Peru ; John was 
wholly unknown to that government, and his name was never mentioned in any of its 
dealings with Theophile. 

"If we assume that John was an American citizen and that he had a secret interest in 
Theophile's contract by virtue of some unknown arrangement between themselves, is it 
not still preposterous to say that these facts would metamorphose the Frenchman's case 
into an American claim ? At. the beginning it was a French claim, if anything. France 
pronounced it unworthy of support. Bid the claimant change his civic relations or the 
nationality .of his demand by simply revealing the fact that a naturalized citizen of the 
United States had a secret interest in the success of the speculation ? 

" But notwithstanding the obvious impropriety of our intermeddling with this bad claim 
of a French adventurer, its supporters were ingenious enough to convince the State 
Department that we ought to do so. Mr. Fish, who at first would have nothing to do 
with it, was induced to say at a later period that it appeared to deserve examination ; the 
officer whose duty it was to report upon its merits expressed an opinion strongly in its 
favor ; a committee of this House went the length of instructing the President to prosecute 
it, by a joint resolution, which, however, failed to pass the Senate. Mr. Blaine, regard- 
ing the judgment of his predecessors as conclusively binding on him, and believing he 



OUR FOREIGN POLICY. 269 

could not go behind what he called the adjudication of this House, went in fact a long 
step beyond that. 

"In ail the discussions of the subject, American officers conducting them have ignored 
the fraudulent character of the original contract ; the manifest justice of the decision 
made against it by the executive branch of the Peruvian government ; the finality of that 
decision under the laws of Peru ; the absolute renunciation expressed in the contract 
itself of all right to call in the aid of any foreign government ; the refusal of the claim- 
ant's own government to support him in his demands , the absurdity of calling this an 
American claim merely because an American citizen was supposed to have a secret 
interest, not in the claim itself, but in the successful prosecution of it by a foreigner, and 
the total absence of all proof to show the existence even of that indirect interest. Over- 
looking these facts, and listening only to accusations against Peru, as false as they were 
vague, the authorities of this government became worked up to the point of asserting in 
solemn diplomatic form that Peru was bound in duty and honor either "to supply an 
impartial tribunal, extend the jurisdiction of the present courts, or else submit the case of 
Landreau to arbitration." Peru was addressed in this decisive style upon the subject of 
Theophile Landreau's false claim, alter it was adjudicated against him by the only 
Peruvian tribunal which had any right to decide it, and after the government of France 
had resolutely and most emphatically refused to give it the slightest countenance. In the 
same dispatch the Secretary of State instructs the Minister at Lima not only to call the 
attention of the Peruvian government to "this injustice," but directs the Minister to say 
"that the United States will expect some adequate and proper means to be provided by 
which Landreau can obtain a judicial decision upon his rights." The minister is further 
instructed as follows : " As it may be presumed that you will be fully informed as to the 
progress of negotiations between Chili and Peru for a treaty of peace, you will make 
such efforts as you judiciously can to secure for Landreau a fair settlement of his claim." 

" But this is not all. Anticipating that in a treaty of peace between Chili and Peru the 
latter might be compelled to surrender a portion of her territory, including possibly the 
guano deposits o f which Landreau claimed to be the discoverer, he declared that the 
treaty should stipulate "for the preservation and payment to Landreau of the amount 
due under the contract." 

" The Secretary, speaking for and in the name of the President, goes further. He 
declares that if a transfer of territory be made to Chili it shall be understood that 
Landreau's claim must be treated as a prior Hen, and that Chili accepts the cession with 
that condition annexed. We do not suppose that the word lien is used here in its proper 
legal sense. The author of the dispatch meant to say that Chili must be made to take 
an estate in the territory subject to a paramount title in Landreau for such part as his 
claim covered ; that the treaty must recognize Landreau's rights as being superior to 
those of the high contracting parties and prior to all others ; and that Chili must not 
satisfy her own claim for expenses of the war without first indemnifying Landreau for 
the failure of his speculation upon Peru. 

" This was certainly taking very high ground, and the Secretary of State expresses the 
determination of this government to hold it firmly ; for he instructs the minister in con- 
clusion : "You will take especial care to notify both the Chilian and Peruvian authorities 
of the character and status of the claim, in order that no definitive treaty of peace shall be 
made in disregard of the rights which Landreau may be found to possess." 

" These acts of the State Department and of the minister are said in some quarters to 
be unofficial. When a minister plenipotentiary, in pursuance of express instructions from 
the Secretary for Foreign Affairs, comes between the authorities of two belligerent 
nations negotiating for peace with a notification addressed to both for the avowed pur- 
pose of preventing a treaty to which otherwise they might consent, it is impossible to 
say that the proceeding is unofficial. If the minister had violated his instructions by 
neglecting or refusing to give the notification, would he not have been justly chargeable 
with a breach of his official duty ? 

"In the case of a contract between a citizen of one country and the sovereign of 
another, the government of the private party has no right to do more than communicate 
the facts and express its opinion upon their effect. This is the exercise of good o 
Did we confine ourselves to good offices when we threw Landreau's claim between Peru 
and her victorious enemy, "so that no definitive treaty of peace should be made" with- 
out a provision for its ultimate satisfaction? Peru was engaged in a disastrous war, and 
we notified her that she should make no peace without settling Landreau's claim. 
Would we have proposed terms more harsh than these if we had threatened her with a 
war of our own? These were not good offices, not the impartial advice of a friendly 
mediator, but the urgency of a power intent upon forcing from her distress what her 
sense of justice had denied. 



270 OUR FOREIGN POLICY. 

- ' Chili was as much averse to this proposed American basis of a treaty as Peru. 
Neither of them was willing to have anything to do with Landreau or his exploded fraud. 
It could not be expected that the successful belligerent would share the fruits of victory 
with him, nor would the conquered country voluntarily diminish its means of buying off 
the invaders of its soil. It was perfectly natural, therefore, th^t both parties to the war 
should reject the proposition with indignation. 

" The dispatches of August 4 and December 16, 1881, say, in words too plain to be 
misunderstood, that no treaty could or should be made with the approbation of the 
United States unless it contained a stipulation in favor of Landreau. The words admit 
of no other construction. In the dispatch of August 4 the belligerents are to be notified 
that no definitive treaty shall be made in disregard of Landreau's rights. Did these 
words signify nothing ? If they had a meaning, what was it ? It is not possible to 
understand them except as an expression of our determination to look with extreme dis- 
favor upon any ajdustment of the troubles between Peru and Chili which would not pro- 
mote the interests of Landreau. It was a palpable effort to make Landreau a party to 
the treaty. Whatever concessions might be made by one of the belligerents to the other, 
our influence was to be used that both would yield to Landreau. 

" The disgrace brought upon our government by producing this unjust demand at such 
a juncture of affairs was wholly without a shadow of excuse, even if the claimant had 
been entitled to our protection. But he was a French citizen, for whose fortunes, good 
or bad, we were in no way responsible. 

" We volunteered to take up the case of this extravagant stranger after his own govern- 
ment had cast it off. The Secretary did not see this important point correctly — most 
likely did not advert to it all — therefore he called it " this claim of an American citizen, " 
which is a very confusing mode of speech. It was exclusively the claim of Theophile 
Landreau, who is not, and does pretend to be, an American citizen. If it be said that 
John C. Landreau is an American citizen, the answer is obvious that it was no claim of 
John's, for it is not founded on any contract or agreement with him, express or implied, 
and had not its origin in any transaction to which he was a party. 

" The United States had a deep interest in bringing about a peace between Peru and 
Chili. As the leading power on this continent, our government was naturally looked to 
with the respect which national power always inspires, and it might easily have main- 
tained the ascendency to which it was entitled. But when the belligerents perceived 
that, instead of counseling moderation and justice, our authorities were to use their 
influence to import false and foreign elements into the negotiations, all confidence in our 
friendly intervention was destroyed." 

We also invite attention to the following extract from one of Mr. Blame's letters 
to Mr. Hurlburt (Aug. 4, 1881), particularly the last paragraph: 

"While this government will not, as at present informed, undertake to construe the 
contract or to decide upon the extent of the compensation due Landreau, you are instruc- 
ted to call the attention of the Peruvian Government to this injustice, and say that the 
Government of the United States will expect some adequate and proper means to be pro- 
vided by which Landreau can obtain a judicial decision upon his rights. If the constitu- 
tion of the Peruvian courts or the interpretation of the law by Peruvian judges deprives 
Landreau of the justice which the contract itself guaranteed him, then, in the opinion of 
this government, Peru is bound in duty and in honor to do one of three things, viz : 
Supply an impartial tribunal, extend the jurisdiction of the present courts, or submit the 
case of Landreau to arbitration. I desire also to call your attention to the fact that in the 
anticipated treaty which is to adjust the relations of Chili and Peril, the latter may pos- 
sibly be compelled to submit to the loss of territory. 

' ' If the territory to be surrendered should include the guano deposits which were 
discovered by Landreau, and for the discovery of which Peru contracted to pay him a 
royalty upon the tonnage removed, then the Peruvian Government should in the treaty 
stipulate with Chili for the preservation and payment to Landreau of the amount due 
under his contract. If transfer be made to Chili it should be understood that this claim 
of an American citizen, if fairly adjudicated in.his favor, shall be treated as a proper lien on 
the property to which it attaches, and that Chili accepts the cession with that condition 
annexed. As it m^y be presumed that you wiil be fully informed as to the progress of 
the negotiations between Chili and Peru for a treaty of peace, you will make such effort 
as you judiciously can to secure for Landreau a fair settlement of his claim. You will 
take special care to notify both the Chilian and Peruvian authorities of the character and 
status of the claim in order that no definitive treaty of peace shall be made in disiegard of 
the rights which Landreau may be found to possess. " 



OUR FOREIGN POLICY. 271 

In this connection the following testimony of Mr. Blaine before the committee, 
in response to questions by Mr. Belmont, becomes of interest : 

Mr. Belmont — Or either of them, because Mr. Trescot at that time was proceeding 
to Chili and Peru. Was not the effect of those instructions that General Hurlbut should 
take special care to inform both the Chilian and Peruvian authorities of the character and 
status of the claim of J. C Landreau, in order that no definitive treaty of peace should be 
made in disregard of the rights which Landreau might be found to possess ? 

The Witness — Yes. 

Q. Was not the effect of those instructions to require General Hurlbut to insist that 
Chili should stipulate, in a treaty of peace, that if it should be decided by the Peruvian 
Government that J. C. Landreau had a lien on any territory ceded to Chili, that Chili 
should thereupon recognize that lien? — A. Yes; that he should make that request. 

Q. If Chili had refused to make such stipulation, would not General Hurlbut have 
been bound to resist, to the extent of his influence, the signing of a treaty of peace with- 
out the stipulation ? 

The Witness — What had he to do with the signing ? 

Mr. Belmont — I have not finished. Now, Mr. Blaine, without any more non- 
sense 

The Witness— Well, I am very glad to hear that, Mr. Belmont; I am very glad to 
hear it, indeed. 

Mr. Belmont — Now, will you answer the question ? 

The Witness — If you will state it again I will. 

Q. I ask if Chili had refused to make such stipulation, would not General Hurlbut 
have been bound to resist, to the extent of his influence, the signing of a treaty of peace 
without the stipulation? — A. Yes, sir. 

Q. He would? — A. Yes, sir. I admit that he ought to have used all his influence 
to prevent a treaty of peace. that should shut out the rights of an American citizen. 

Q. You say that he would? — A. Yes, sir. He would have been censurable if he 
had not. 

Q. Well, you have given the answer I was seeking. 

In further illustration of Mr. Blaine's officiousness, we quote as follows from 
his letter of instructions (Dec. 1, 1881) while Secretary of State to Mr. Trescott, 
whom he was about sending on a mission to South America : 

" In giving the support of recognition to the Calderon government, so far was this 
government from doing what could be considered an unfriendly act to Chili that it was, in 
fact, giving aid to the very policy Chili avowed, and which, in the opinion of competent 
judges, was the only method of reasonable solution. And this conclusion of the govern- 
ment was strengthened and confirmed by the information which was transmitted to the 
department by Gen. Kilpatrick, United States Minister to Chili. * * * As soon as 
the facts indicated the possibility of real and independent vitality in the constitution of 
the Calderon government, the Chilian authorities issued an order forbidding any exercise 
of its functions within the territory occupied by the Chilian army that is within the entire 
territory west of the mountains, includingthe capital and ports of Peru. Unable to 
understand this sudden and — giving due regard to the professions of Chili — this unaccount- 
able change of policy, this government instructed its minister at Lima to continue to recog- 
nize the Calderon government until more complete information would enable it to send 
further instructions. If our present information is correct, immediately on receipt of this 
communication they arrested President Calderon, and thus, as far as was in their power, 
extinguished his government. The President does not now insist on the inference which 
this action would warrant. He hopes there is some explanation which will relieve him 
from the painful impression. It was taken as a resentful reply to the continued recog- 
nition of the Calderon government by the United States. If, unfortunately, he should 
be mistaken, and such motive be avowed, your duty will be a brief one. You will 
say to the Chilian government that the President considers such a proceeding as an 
intentional and unwarranted offence, and you will communicate such an avowal to the 
Government of the United States, with the assurance that it will be regarded by the 
Government as an act of such unfriendly import as to require the immediate suspension 
of all diplomatic intercourse. 

" Should the Chilian Government, while disclaiming any intention of offence, maintain 
its right to settle its difficulties with Peru without the friendly intervention of other 
powers, and refuse to allow the formation of any government in Peru which does not 
pledge consent to the cession of Peruvian territory, it will be your duty, in language as 



272 OUR FOREIGN POLICY. 

strong as is consistent with the respect due an independent power, to express the disap- 
pointment and dissatisfaction felt by the United States at such a deplorable policy. 

" The United States, with which Peru has for many years maintained most cordial 
relations, has a right to feel and express deep interest in its distressed condition, and 
while with equal friendliness to Chili, we will not interpose to deprive her of the fair 
advantages of military success, nor to put any obstacle to the attainment of future 
security, we cannot regard with unconcern the destruction of Peruvian nationality. If 
our good offices are neglected, and this policy of the absorption of an independent 
state be persisted in, this Government will consider itself discharged from any further 
obligation to be influenced in its action by the position which Chili has assumed, and will 
hold itself free to appeal to other republics of this continent to join it in an effort to avert 
consequences which cannot be confined to Chili and Peru, but which threaten with 
extremest danger the political institutions, peaceful progress, and liberal civilization of 
all America. " 

Boundary Between Mexico and Guatemala. 

Mr. Blaine's officiousness in matters in dispute between the two sister republics, 
Mexico and Guatemala, may be seen from the following extracts from official cor- 
respondence between him, while Secretary of State, and Mr. Morgan, the United 
States minister at the City of Mexico. 

In a letter to Mr. Morgan under date of June 16, 1881, Mr. Blaine wrote : 

"Without, therefore, in any way prejudging the contention between Mexico and 
Guatemala, but acting as the unbiased councillor of both, the President deems it his 
duty to set before the government of Mexico his conviction of the danger to the principles 
which Mexico has so signally and successfully defended in the past which would eusue, 
should disrespect be shown to the boundaries which separate her from her weaker neigh 
bors, or should the authority of force be resorted to m establishment of rights over terri- 
tory which they claim, without the conceded justification of her just title thereto. And 
especially would the President regard as an unfriendly act toward the cherished plan of 
upbuilding strong republican governments in Spanish America, if Mexico, whose power 
and generosity should be a like signal in such a case, shall seek or permit any misunder- 
standing with Guatemala, when the path toward a pacific avoidance of trouble is at once 
so easy and so imperative an international duty." 

In another letter to Mr. Morgan, June 21, 1881, Mr. Blaine wrote : 

" This is a matter touching which the now-established policy of the government of 
the United States to refrain from territorial acquisition gives it the right to use its friendly 
offices in discouragement of any movement on the part of neighboring states which may 
tend to disturb the balance of power between them. More than this, the maintenance 
of this honorable attitude of example involves, to a large extent, a moral obligation on 
our part, as the strong but disinterested friend of all our sister states, to exert our influ- 
ence for the preservation of the national life and integrity of any one of them against 
aggression, whether this may come from abroad or from another American republic, by 
his government to avert a conflict with Guatemala by diplomatic means, or, these failing, 
by resort to arbitration. And you will especially intimate, discreetly but distinctly, that 
the good feeling between Mexico and the United States requires, and will be fortified by 
a frank avowal that the Mexican policy toward the neighboring states is not one of con- 
quest or aggrandizement, but of consideration, peace and friendship." 

In a letter from Mr. Morgan to Mr. Blaine, July 12, 1881, he thus alludes to an 
interview had with Mr. Mariscal, Secretary of State of Mexico : 

" In reply to the suggestion of the arbitrament of the President of the United States, he 
replied that whatever Mexico might be willing to accede to m the future, there was 
nothing at the present moment to arbitrate about. He said that Mexico had proposed to 
Guatemala to renew the convention for the appointment of a commission to survey the 
tract of country which was in dispute, that the question of the appointment of such a 
commission was pending, and that until that question should be decided there was, in 
reality, no dispute to submit to an arbitrator. He also declared that if there had been 
any delay in the appointing of such a commission, the fault was altogether with Guate- 
mala. He also said that troops had been sent to the frontier, as the President had 
announced in his message to Congress, but that they were sent there for the purpose of 
protecting Mexican citizens, and not with any view of making war upon Guatemala. 



OUR FOREIGN POLICY. 273 

Mr. Mariscal was very earnest in his denials of any cause of complaint on the part of 
Guatemala, and as to the want of any necessity of an arbitration, so much so, that I 
deemed it proper, in order that there might be no possible question hereafter, either as to 
the letter or the spirit of your instructions, or their interpretation by me, to read Senor 
Mariscal your dispatch, and offered to send him a copy thereof, which he accepted, and 
which I did." 

In a letter from Mr. Morgan to Mr. Blaine, July 19, 1881, is the following 
allusion to another interview with Mr. Mariscal : 

" Senor Mariscal manifested something of excitement, I thought, and interrupted me 
by repeating the complaints which Mexico had, as he said, just grounds to make against 
Guatemala ; of her want of fair dealing, and, in fact, duplicity in pretending to negotiate 
a convention with him for the appointment of commissioners to survey the strip of 
territory which was in dispute, with the view of finally settling the boundaries between 
the two countries, while she had been secretly attempting to obtain the interference of 
the United States in their disputes, thus rendering the appointment of a commission 
unnecessary. He insisted upon it that it was Guatemala that had committed acts of 
aggression upon Mexico, instead of Mexico upon Guatemala." 

In a letter from Mr. Morgan to Mr. Blaine, August 11, 1881, lie again refers to 
an interview with Mr. Mariscal, as follows : 

"Senor Mariscal said that he would not say that Mexico would altogether refuse the 
arbitration proposed, but that there were some points of difference between the two 
countries which could not, under any circumstances, be submitted to question. " 

In a letter from Mr. Morgan to Mr. Blaine, September 22, 1881, he draws the 
following significant conclusion, after reporting an interview with Mr. Mariscal : 

• ' Senor Mariscal reiterated that if there should be a war with Guatemala it would be 
Guatemala's fault. He admitted that the course pursued by the United States was 
friendly in its character, although he persisted in saying the facts of the case had been 
misrepresented by Guatemala to you. 

"We parted on the best of terms, but he left me more than ever convinced that nothing 
would prevent a war between the two countries unless a positive position was taken by 
the United States, and I venture to suggest that unless the Government is prepared to 
announce to the Mexican Government that it will actively, if necessary, preserve the 
peace, it would be the part of wisdom on our side to leave the matter where it is. 
Negotiations on the subject will not benefit Guatemala, and you may depend upon it that 
what we have already done in this direction has not tended to the increasing of the 
cordial relations which I know it is so much your desire to cultivate with this nation. " 

Upon Mr. Blaine's reply to the letter from which we have just quoted, officious- 
ness is indelibly stamped. In it under date of November 28, 1881, he says : 

" 'To leave the matter where it is' you must perceive is simply impossible, for it will 
not remain there. The friendly relations of the United States and Mexico would 
certainly not be promoted by the refusal of the good offices of this Government tendered 
in a spirit of most cordial regard both for the interests and honor of Mexico, and suggested 
only by the earnest desire to prevent a war useless in its purpose, deplorable in its means, 
and dangerous to the best interests of all the Central American republics in its conse- 
quences. To put aside such an amicable intervention as an unfriendly intrusion, or to 
treat it, as I regret to see the Mexican secretary for foreign affairs seems disposed, as a 
partisan manifestation on behalf of claims which we have not examined and interests 
which we totally misunderstand certainly cannot contribute ' to the increasing of the cordial 
relations which you know it is so much our desire to cultivate with Mexico. ' 

******** ** 

" If this Government is expected to'infer from the language of Senor Mariscal that the 
prospect of such a result is not agreeable to the policy of Mexico, and that the interest 
which the United States has always manifested in its consummation renders unwelcome 
Ihe friendly intervention which we have offered, I can only say that it deepens the regret 
with which we will learn the decision of the Mexican Government, and compels me to 
declare that the Government of the United States will consider a hostile demonstration 
against Guatamala, for the avowed purpose or with the certain result of weakening her 
power in such an effort, as an act not in consonance with the position and character of 
Mexico, not in harmony with the friendly relations existing between us, and injurious to 
ihe best interests of all the republics of this continent." 

18 



274 OUR FOREIGN POLICY. 

In a letter from Mr. Morgan to Mr. Blaine dated Mexico, November 2, 1881, is 
the following significant paragraph : 

"The subject is on every tongue. It is constantly discussed by the press, and I feel it 
my duty to say that nothing has occurred since I have been here which has excited so 
much bad feeling against us as this proffer of arbitration. Say what I may to the 
contrary, it is considered as a menace. " 

In Mr. Blaine's recent letter of acceptance, lie has a new foreign policy of the 
Quaker style. The question naturally arises, which will be his policy if elected 
President — that pursued while Secretary of State or that announced for campaign 
purposes ? On the theory that acts speak louder than words, the intelligent and 
conservative citizen will hesitate a long time before voting for one whose well 
known officiousness, rashness, and audacity are anything but safeguards against 
foreign complications. 

Citizens of the United States have already spent upwards of $50,000,000 in the 
construction of Mexican railways, and they do not wish their business interests, 
disturbed by needless animosities between the two countries. 

Conservative Policy of the Democratic Party. 

The Democratic foreign policy is inherited from the sentiments of Washington 
and Jefferson. 

In Washington's farewell address to the people of the United States was the 
following excellent advice : 

1 ' The great rule of conduct for us in regard to foreign nations is, in extending 
our commercial relations, to have with them as little political connexion as pos- 
sible. * * * It is our policy to steer clear of permanent alliances with any 
portion of the foreign world." 

The doctrine laid down in Jefferson's inaugural address was as follows : 

" Peace, commerce, and honest friendship with all nations — entangling alliances 
with none." 



HONEST MONEY FOR HONEST LABOR. 275 



Honest Money for Honest Labor. 

Speech of Hon. Abram S. Hewitt. 

In a speech in the House of Representatives, April 1, 1884, Hon. Abram 8. 
Hewitt, of New York, said : 

I agree with the gentleman from Maine [Mr. Dingley] in his proposition that this 
House shall not sanction by any act the increase of the coinage of the standard silver 
dollar. But I go further than the gentleman from Maine. I think the time has^come when 
this House should put its seal of condemnation upon the coinage of one single additional 
standard dollar. My friend from Missouri [Mr. Bland] has achieved, I was going to say 
immortality, but certainly great renown, by having identified himself with a measure 
which according to his view has made 85 cents' worth of silver equivalent in value to $1. 
He has done that by act of Congress, and he has done it on the principle of lifting our- 
selves by our shoulder-straps. Such experiments must always fail. If they could succeed, 
then my friend from Missouri has discovered the philosopher's stone which would enable 
us hereafter to dispense with all human efforts and to provide ourselves with all the com- 
forts and luxuries of life by a simple act of Congress. 

The gentleman from Missouri now comes into the House with another proposition, 
which suggests the old nursery rhyme of Mother Goose : 

There was a man in our town 

And he was wondrous wise, 
He jumped into a bramble bush 

And scratched out both his eyes. 

And when he found his eyes were out, 

With all his might and main, 
He jumped into another bush 
And scratched them in again. 
[Laughter.] 

The proposition which the gentleman now makes to this House is the proposition of 
free coinage for silver. By the'restricted coinage which goes on under his bill of $2,000,000 
per month the Government is making on paper as he said $300,000 of profit per month. 
By opening the mints to unrestricted coinage he would give up the nominal profit to the 
Government of $300,000 per month and transfer a real profit of 15 per cent, into the 
pockets of those who shall be fortunate enough to get in first through the open doors of 
the mint with their silver bullion. Now, Mr. Speaker, let us apply to this novel proposi- 
tion the test of fact and of simple principle. 

The unit of value bylaw in the United States is the gold dollar, weighing 25.8 grains. 

Mr. Warner, of Ohio — When was it made so ? 

Mr. Hewitt, of New York — I am merely stating a fact, and in the time I have I do 
not wish to be interrupted. It was in 1854 that that was done. Now at 25. 8 grains to 
the dollar an ounce of gold is worth $18.60. By law the relative comage value of gold 
and silver is as one to sixteen. Therefore the coinage value of the ounce of silver is 
$\.i(>y z . We are able to go into the market to buy an ounce of silver at $1.01, and, 
taking the average of the last year, we are buying at a little less now than $1.01 per 
ounce. 

What is the proposition of the gentleman from Missouri ? That for the silver which 
we can buy in unlimited quantities in this or any other market in the world for 101 cents 
per ounce, he would pay out of the treasury of this nation ii6'< cents per ounce. In 
other words, he would give to every man who brings an ounce of silver to be coined 15 



276 HONEST MONEY FOR HONEST LABOR. 

cents more in coin than the market value of that silver, and 15 cents more per ounce than 
it is or can be bought for by the Government for coining purposes. 

Mr. Bland — Will the gentleman yield for a moment ? 

Mr. Hewitt, of New York — I cannot, for I have but a limited time. 

Mr. Bland — I am glad that I was more polite to the gentleman than he is to me. 

Mr. Hewitt, of New York — I will yield all my time to the gentleman. 

Mr. Brand — I do not want it. 

Mr. Hewitt, of New York — I will yield all my time. 

Mr. Bland — I yielded to the gentleman. 

Mr. Hewitt, of New York — Yes ; but the gentleman had an hour, while I have but 
fifteen minutes. 
Mr. Bland— I will not interrupt the gentleman. 

Result of Free Coinage. 

Mr. Hewitt, of New York — The controversy is one of fact. What would happen? 
Of course all the world who are now trying to sell silver for 101 cents per ounce will 
come to our mints, where they could sell it for 116J cents per ounce. It will be " the 
devil take the hindmost " in the rush to sell silver for 15 cents per ounce more than its 
market value. 

And under his proposition the Government must take the silver and pay that rate for 
it. I suppose the gentleman from Missouri would provide a bullion fund for this pur- 
pose. Has he ever considered the magnitude of the bullion fund which would have to 
be provided ? There is supposed to be in existence in the world $6,000,000,000 of 
silver ; and the holders of the whole of that $6,000,000,000 would rush to our mints 
under the gentleman's proposition. And if we were to buy it all and keep the mints open 
the bullion fund which we would have to provide would have to be on the scale of 
magnificence proportioned to so vast an operation. It would certainly provide an outlet 
at once for the idle and useless fund of $126,000,000 of silver dollars now stored at 
great expense in the Treasury. 

But no such thing would happen ; the limitation would be the coinage capacity of 
our mints. To the extent of the coinage capacity of our mints, which would probably 
not much, if any, exceed the silver production of this country, which is about $40,000,000 
worth per annum, the Government would be giving 15 per cent, more than the market 
value of silver bullion in this or any other markets in the world. 

What is the next step? Every man who had thus received 116 cents per ounce for 
that which is worth in the markets of the world only 101 cents per ounce would hasten to 
put it into some form of useful value. First of all he would prefer gold, for gold will 
buy everything else in every market in the world. The consequence would be that the 
rush for gold would immediately raise it to a premium, and the limit of that premium 
will be just the difference in the bullion value of silver and gold. In other words, the 
premium would be 15 per cent. , because, as everybody knows, gold and silver are dealt 
in by the money -brokers all over the world on a margin of one-eighth of 1 per cent. 

Then, when gold went up to a premium, the next rush would be to buy commodities 
with silver dollars on the old standard of values, and the price of commodities would all 
advance. * They are bought and sold to-day at gold value, but the price would then ad- 
vance with the premium on gold, and they would thereafter be sold at silver values. In 
other words, all the necessaries of life would be rapidly advanced until they would pur- 
chase as much gold as they did before the premium existed. 

Wages of Labor. 

Then the workingman who receives his wage of one or two dollars per day, as the 
case may be, and 10 whom the rise always comes last and sometimes never comes, 
would be compelled to buy his supplies at 15 per cent, advance. This measure, there- 
fore, would operate as a deduction from the wages of labor of just 15 per cent. 

Then what next would happen ? I shall be told that this proposition would enable 
the poor man to pay his debts at 15 per cent, deduction from what he had agreed to 
pay ; that this is sound in principle and a most beneficent feature of the plan. In re- 
sisting it I shall be told that I represent the capitalistic class and am the organ of Wall 
street. Now, the rich man knows how to take care of himself. The poor man does 
not know and can not know how to take care of himself, and we are sent here as far as 
possible to take care of him, and it is for that reason I strive to-day to expose the fallacy 
of a proposition which can only have the effect of making the rich richer and the poor 
poorer. 

I resist, then, this proposition of the gentleman from Missouri, because, in the first 
place, it would rob the poor man of 15 per cent, of his present wages, measured by its 



HONEST MONEY FOR HONEST LABOR. 277 

purchasing power ; and in the next place it would rob him of 15 per cent, of the hard 
earnings which he has saved against a rainy day. The rich men hold property which 
would rise in value with the premium on gold. They hold bonds of railroad companies, 
which by the letter of the contract are made payable in gold. 

Savings of the People, 

But all debts not payable in gold would be solvable in silver. Where are those 
debts, and to whom do they belong ? The great lenders of this country are the savings- 
banks, the mutual insurance companies, and the incorporated companies which hold in 
trust the savings of the poor and the earnings of labor. Their loans are made payable m 
lawful money, and will be paid off in the depreciated silver which will follow its free and 
unlimited coinage, for in the end the silver coins can have no greater value than the 
market price of the bullion from which they are eoined. 

Therefore, when this depreciation of 15 per cent, takes place all the loans made by 
savings banks, trust companies, and mutual insurance companies, amounting to more 
than $100,000,000, representing the earnings of professional men who live upon salaries, 
the savings of clerks, the sole provision for widows and orphans would be payable in 
silver, to the loss in my city and in my district of millions of dollars laboriously saved by 
the most deserving classes of the community, and who, since the recent decision of the 
Supreme Court of the Legal-tender case, have no other protection than in the wisdom of 
Congress. 

I represent a district in which there are but few capitalists. I represent 150,000 
people who earn their daily bread by their daily labor. They are an industrious and 
saving constituency. Their money is in the savings banks of the city of New York. You 
will be astonished to know it, but in the State of New York over $500,000,000 of the 
savings of these people are to-day loaned out to be paid back in the money of the land. 
If that money be depreciated 15 per cent., then the people will lose 15 per cent, of all 
their accumulated earnings. And this depreciation is only the beginning of the down- 
ward course 111 the value of silver. The commercial world has outgrown the use of silver 
as a neeessary tool of commerce. Gold and paper instruments of exchange have taken 
its place. They are better and cheaper tools of trade. Silver is relegated to its proper 
place as a convenient subsidiary money, of which the intrinsic value is of no consequence 
so long as there is local redemption for it within the area where it circulates. 

But gold pays international balances, and is and will remain the sole standard of 
value in the great markets of the world. Hence, Mr. Speaker, I oppose the whole pro- 
position of the gentleman to open our mints to the free coinage of silver, for the reason 
that thereby the nation would lose at once 15 per cent, on all the silver which would flow 
into this country from foreign countries now earnestly seeking an opportunity to get rid 
of the heavy load of silver which weighs them down and embarrasses their finances. In 
the Bank of France alone there are $200,000,000 seeking a market. The German 
Government stopped the sale of its silver when it went below 55 pence to the ounce, and 
is waiting a chance to unload another one hundred millions on anybody that will buy it. 

But outside of these countries, whence I have heard it said on this floor silver could 
not come because " the people of this country were not such fools as to buy the worth- 
less stuff," outside of these countries are India and China, the sinks of silver for more 
than two thousand years. In these countries gold is already at a premium of 15 per 
cent, as compared with silver ; and men who could bring silver from India to this coun- 
try and convert it into gold, as the gentleman from Missouri would allow them to do by 
his proposition of free coinage, would of course make all speed to gather up from all 
quarters the vast fund of silver in those countries and dump it down upon the people of 
this land, where the loss will fall upon the laboring classes, who, unless we interpose for 
their benefit, will be helpless to protect themselves. 

Gentlemen who flatter themselves that the silver of the world will not seek the 
market where bullion fetches the highest price deliberately shut their eyes to the 
inexorable laws of trade. Silver circulates in France at the ratio of 15^ to I of gold 
only because there is no coinage of silver by the Latin Union. This coinage was sus- 
pended simply to avoid the depreciation of silver coins to the bullion value which would 
otherwise have taken place. Give it a market at more than its bullion value, and it will 
be replaced with gold as surely as the air rushes into a vacuum. 

The depreciation of our silver coins, Mr. Speaker, would occur at once if the mints 
were now opened to the free coinage of silver. What would occur at once in that event, 
is just as sure to occur, if you allow time enough, under the limited coinage act of $2,000,- 
000 a month. This depreciation will be the slow but sure work of the monster steadily 
digging away at the foundations of the wealth and prosperity of this country, so that in a 
little while we shall be brought to the silver basis ; and then all the consequences I have 



278 



HONEST MONEY FOR HONEST LABOR. 



predicted will occur just as certainly as if the gentleman were able to carry out his plan 
of free coinage at once. In that proposition he is perfectly logical. If we are to go on 
with the coinage of silver at all, the unlimited coinage which the gentleman proposes is 
the only defensible position, and ought to be put into effect, if it were not for the disas- 
trous consequences which would send a flood of ruin over this land. 

But as I have said those consequences are unavoidable, whether we continue the lim- 
ited coinage or institute the free coinage of silver. Twice in my life have I witnessed the 
transfer in this country of vast masses ot wealth from the possession of those who have 
created it, to the ownership of those who were shrewd or fortunate enough to profit by 
the situation. Once was when the legal-tender act was passed and creditors were forced to 
take 40 cents in payment of 100 cents which was their just due. Again, when the 
resumption of specie payment took place in 1879, persons who had borrowed 40 cents were 
forced to pay the debt with 100 cents. No tongue can describe the ruin and the misery 
caused by this wholesale transfer of property, the wrecks of which still survive in every State 
in this Union. It is because I hope to be spared the sad spectacle of another such unjust 
and uncalled for reversal of the laws which ought to govern the acquisition and transfer 
of property, that I oppose, and shall oppose, the degradation of the standard of value, 
whereby one class of the community, and the most deserving as it is the most helpless 
class, is pillaged by law for the benefit of those who live by the sweat and toil of their 
less fortunate and more confiding fellow-men. [Applause. ] 



Appendix. 

INDIA — FALLING OFF IN THE DEMAND FOR SILVER. 

The India department of finance and commerce states the silver imports and 
exports of India, taking its trade with all countries for the last four years (the 
Indian fiscal year, like the British, ending March 31), as follows : 



Fiscal Year. 


Imports. 


Exports. 


Net Imports. 


1877-'78 


$78,832,660 
27,968,495 
48,025,010 
26,580,780 


$5,500,985 
8,115,025 
8,676,295 
7,117,910 


$73,331,675 

19,853,475 


1878-'79 


1879-'80 


39,348,715 
19,462,870 


1880-'81 





Table showing increase of circulation in the United States. 





Total Circulation. 


Per capita. 


Date. 


Paper. 


Coin. 


Totnl. 


October 1, 1880 

October 1, 1881 


$1,225,359,234 
1,529,548,612 
1,566,659,668 
1,730,598,074 


$14 10 
15 56 
15 81 
17 63 


$10 66 

14 93 

15 42 

16 88 


$24 76 
30 49 


October 1, 1882 

October 1, 1883 


31 23 
34 51 







Total circulation in United States October 1, 1883. 

Gold $606,197,000 

Silver 240,399,000 

Paper 884,002,074 

Total $1,730,598,074 



HONEST MONEY FOR HONEST LABOR. 279 

Table showing increase of silver in the United Slates Treasury. 



Date. 



September 30, 1876 
September 30, 1877 
September 30, 1878 
September 30, 1879 
September 30, 1880 
September 30, 1881 
September 30, 1882 
September 30, 1883 




Silver. 



Per cent. 
9.8 
6.5 
17.0 
23.8 
36.7 
35.3 
44.6 
41.5 



Table shotting proportions of world' s production of gold and silver. 



Semi-decades. 


Average Yearly Production. 


Proportion. 


Average. 

PRICE OF 




Gold. 


Silver. 


SILVER.* 


1852-1856 


$145,000,000 
127,184,000 
123,843,000 
123,251,000 
111,383.750 
113,892,085 
105,365,697 
106,346,786 
107.202,733 
103,161,532 


$40,500,000 
41,220,000 
49,755,000 
53,115,000 
69,490,682 
78,338,158 
81,037,220 
96,704,978 
102,309,675 
109,446,595 


100 to 28 
100 to 32 
100 to 39 
100 to 43 
100 to 62 
100 to 69 
100 to 77 
100 to 90 
100 to 95 
100 to 106 


61A 


1857-1861 


61i 


1862-1866 


6H 


1867-1871 


60i 
57| 


1872-1876 


1877-1878 


531f 
5U 


1879 


1880 


51* 


1881 

1882 





* Pence per ounce in London. 



280 THE INDEPENDENT TIDAL-WAVE. 



The Independent Tidal- Wave. 

Its Significance. 

Seldom in the history of American politics has there been snch a popular upris- 
ing against the Presidential nominee of their own party as the Republican bolt 
against James G-. Blaine. 

Leading and influential newspapers, prominent business men, college professors, 
and the scholars in politics, distinguished statesmen, and thousands, tens and 
hundreds of thousands of thinking and intelligent voters view with sorrow, dis- 
gust, and alarm the dangerous and corrupt tendencies of their party, and have 
determined to rebuke it by voting for the Democratic nominee. 

Among the causes of this independent tidal wave are the following: 

Dissatisfaction with Mr. Blaine's bad public record. 

Alarm at official corruption. 

Alarm at the party's subserviency to monopolies. 

Opposition to its rapid drift toward centralization. 

Sorrow at its disregard of constitutional methods. 

Irritation at its encroachments on personal liberty by the enactment of sumptu- 
ary legislation. 

Nausea at its hypocrisy. 

A portion of these independent voters have stated the grounds of their opposi- 
tion, and we will therefore let them tell their own stoiy. 

Mr. Codman's Address. 

At a conference of Republicans and Independents in Xew York on the 22d of July,. 
Col. Charles R. Codman, of the Massachusetts Committee, was elected President 
of the conference, and delivered the following address : 

Fellow Citizens — You conier a great honor upon me in choosing me to preside in 
this Conference, not of office-holders, nor of office-seekers, but of citizens desiring only 
the honor and welfare of the Republic. We have not met here as party men, we are 
not sent here by party machinery ; but we come representing large bodies of citizens, 
who have determined for the time being to set aside the claims of party, whatever those 
claims may be, and to act together independently to maintain ideas, and, if possible, 
achieve results which shall be for the highest good, as we see it, of the whole country. 
The bond that unites us is a jealous sensitiveness for the national character, and resent- 
ment at an attempt to lower it in the eyes of the world. It would be, we hold, an un- 
speakable disgrace — in full knowledge of the facts, and with our eyes wide open — to place 
in the Presidential chair as the representative statesman of the United States a man who has- 
never cleared his reputation from imputations which, if true, show that public office was used 
by him for private gain. We have examined the evidence against Mr. Blaine, and believ- 
ing that it shows at the very least that his standard of public morality is low ; that he is a 
man willing to expect and to claim pecuniar}' advantages from those whose interests he 
has been enabled to advance in the exercise of his public office, and who does not stop- 
at this, but has no hesitation in promising to use his official power and influence to further 



THE INDEPENDENT TIDAL-WAVE. 281 

the private ends of those with whom he desires to associate himself, — claiming that he 
will be no " deadhead " in aiding an enterprise which will be the gainer by Congressional 
favor, — joined with the disposition, when put upon his defence, to equivocate and to 
conceal material documents and material facts ; believing all this, we say, as we are 
bound to say, to the American people, that this man is not fit to be their President. We 
are making no charges against private character ; but we hold that the official record 
and the public acts of Mr. Blaine, his attitude toward railroad legislation and all other 
legislation, his transactions when Speaker of the House of Representatives or when 
holding any legislative position, with corporations asking for Congressional aid or in 
any way dependent on Congressional action, are fit and proper subjects for investigation 
and comment. And, if we are convinced that his record shows moral malfeasance in 
office, it is our right and our duty boldly to declare our opinion and to ask our fellow - 
citizens to refuse to confer upon such a man their highest honors and their most important 
political trust. 

Parties but Means to Ends. 

That such is the conviction of the members of this Conference need not to be said, 
for why else are we here to-day ? Acting as all of us have done at times with the 
Republican party, and most of us never failing to support its nominations, and some of 
us its supporters when it was neither successful nor popular, it is not without pain that 
we find ourselves compelled to oppose the Presidential nomination of this historical 
organization ; but we say that parties are but means to accomplish political ends ; that 
they must stand for principles, if they are to have any more vitality than that of a mere 
organization ; and that they cannot live alone upon the memory of great results achieved,, 
if they do not meet the demands of the time. And we do not see that at the present 
time the great parties that divide the country are clearly and unmistakably at issue upon 
any important question, so that we are confined in this Presidential canvass almost 
exclusively to the question of the fitness of candidates. 

It is in some respects fortunate that it is so ; for, if the Democrats had declared them- 
selves in opposition to any political ideas which we have been accustomed to consider the 
cardinal principles of the Republican party, and if then the Republicans had nominated 
Mr. Blaine, our position would have been far more trying than it is to-day. We should have 
been compelled to face the painful and discouraging alternative of not sustaining cher- 
ished political opinions or of voting for a candidate we believe to be unworthy. But, hap- 
pily, all the great principles, to maintain which the Republican party was founded, have 
long since been firmly established in the legislation of the country. 

The Maine Windmill. 

It is true that Mr. Blaine, in his skillful letter of acceptance, has at last expressed 
very positive opinions upon one subject. He has come out as an ardent civil service 
reformer, now that the country has pronounced for the reform ; although in the day 
when the cause was struggling and weak, it had no assistance from this always influen- 
tial political leader. There have been one or two reactions, however, since then ; and 
the people have in no uncertain tones proclaimed their will. It is certainly the fact to-day 
that political managers will not openly oppose the popular demand, and no backward 
steps will be taken in extending and maintaining the reform. 

We have not taken the decided action that brings us here to-day without some remon- 
strances from our party associates. They have urged upon us the claims of the old 
organization and have rung the changes upon its achievements. They have told us that 
the great results of the war would be jeopardized if the Democratic party should come 
into power. They have warned us that capital would be destroyed and labor would be 
paralyzed if there should be a discontinuance of Republican administration. They have 
said that Mr. Blaine should be chosen President because he would do what other Presi- 
dents have not done and what he alone can do, and that is to make his country respected 
by foreign nations. To all such suggestions, we have been impervious. 

We have replied that the constitutional interpretations settled by the war are not dis- 
puted ; that the Democrats, who are at least nearly half the people in the country, have no 
desire, and can have no interest, to check the national prosperity ; and that this country 
is respected throughout the world for its power, its ireedom, its energy, and its resources, 
and that it will continue to be so respected, unless some " aggressive'" and "magnetic" 
President shall succeed in making it ridiculous. There has not been much m such con- 
siderations as these to induce us to give our support to a discredited and obnoxious 
candidate. 

But an appeal has also been made to our sympathies and to our highest sense of 
justice. 



282 THE INDEPENDENT TIDAL-WAVE. 

Democracy not Responsible. 

Are we ready, it has been asked, to justify or condone such incidents as the Copiah 
massacre ? Will we ally ourselves with a political party that carries elections by mur- 
ders and intimidation. 

I answer that I believe we yield to none in our abhorrence of the affair at Copiah. It 
was an outrage utterly without justification, and it is an infinite disgrace to the community 
that tolerated it. Nor will we ally ourselves to a party that carries elections by murder 
and intimidation; but before all things, we will be just, and we will not charge the whole ■ 
South or the whole Democratic party with the responsibility of an act that belongs to one 
small community alone. 

Our Republican critics know perfectly well — there are no men in the country that 
know it better — that these occurrences could not have been prevented by any action of 
the Federal Government. If they could, how does it happen that during two Republican 
administrations there has been no attempt at Federal interference ? And why is it that 
no Republican politician ventures to recommend such interference ? No, gentlemen, the 
truth is that time and education and enlightened self-interest and the influence of civiliza- 
tion and Christianity are the agencies that must be relied upon to prevent these crimes; 
and, if we may judge the future by the past, we may expect that, at no distant period, 
the barbarous ideas and practices which slavery has left as a legacy to the South will yield 
to these benign influences. No one can deny, and no one ought to fail to rejoice, that 
such incidents as that at Copiah, which were once common, are now exceptional; and 
that the two races which an over-ruling Providence has placed side by side in the Southern 
States are approaching — under the influence of universal freedom, of equal political rights, 
and a wider diffusion of knowledge — a better understanding of and a more generous con- 
sideration for each other. 

No Dust in Their Eyes. 

But, however that may be, we are not to be turned from what seems to us a plain and 
obvious duty by an attempt to appeal to any sectional feeling, or even to our sense of the 
wickedness of men or communities for whom w r e are not responsible. We shall not give 
up our right to condemn and denounce lawlessness and oppression in the South any more 
than our right to condemn political dishonesty in the North. We shall exercise both of 
these rights. We shall not support Mr. Blame, nor shall we support any man who justifies 
the Copiah murder, if indeed such a man be found for whom any one would ask the 
suffrages of the people. We respect the convictions of others ; but, for ourselves, we say 
that it is just as impossible for us to support Mr. Blaine as it is to lie or to steal. 

We are assembled here to-day to confer together and to consider what practical action 
we shall take. We have one purpose in view, and as reasonable men we desire to act 
together. But we shall not, I thmk, make any attempt to demand pledges or to bind 
consciences. Whatever is done here, every man is free to follow his own course. No 
pledges will be asked, and certainly none will be given 

For myself, I do not hesitate to say that the defeat of Mr. Blaine should be compassed 
by all honorable means. It seems to me that the cause of good government, of" pure 
politics, of American character, requires it to be done. There is but one way to do it, 
and that way must be obvious to us all. We desire, first of all, a President who is incor- 
ruptible ; and, if, besides that, he is able and independent, so much the better. 

The Man to Pin Faith To. 

We have not far to go to find a man who is all this. It has been said recently by 
some of the supporters of Mr. Blaine that no Democratic President was ever able to resist 
the pressure of party managers. It may, perhaps, be true, and possibly some Republi- 
can Presidents have been open to the same criticism ; but there is certainly one Demo- 
cratic official who has shown the ability to successfully resist all pressure that would 
interfere with the faithful performance of official duty, and he is now Governor of New 
York and the Democratic candidate for President of the United States — a man whose 
utterances and whose acts, whether as Mayor or Governor, have proved that he holds 
office, not for personal ends, but as a trust for the people, whose servant he is. As a 
lifelong opponent of the Democratic party, and with no intention now of becoming 
identified with it, I will yet rejoice, and I will say that it is fortunate for the Republic, 
that, at a crisis when the party which has been the party of progress halts and is unfaith- 
ful, the party which we have been accustomed to distrust shows wise intelligence and 
■civic courage. It has risen to its great opportunity ; and those Republicans who would 
make effectual opposition to a candidate they believe to be unfit can with no loss of self- 
respect, without surrendering a conviction, and in the exercise of the highest political 
expediency, give their votes to the reform Governor of New York. 



THE INDEPENDENT TIDAL-WAVE. 283 

Let us, then, in a vigorous and business-like way, proceed to the work before us. Let 
us take steps to lay before the country the evidence that has convinced us that the Repub- 
lican nomination for President was unfit to be made. It is all contained in the official 
record of the National Legislature and it is the common property of all the people. Let 
us declare that we stand together, and that we ask our fellow citizens to join us to make 
our protest effectual against corruption in office. Let us try to impress upon the voters 
by our words and acts that political straightforwardness is better than political success ; 
and, when we have done our work here, let us go to our homes, and use such influence 
as we have to further the cause which we conceive to be the cause of our country. 

Mr. Curtis' Address. 

On the same occasion George William Curtis, of the New York Independents, 
spoke as follows : 

The paramount issue of the Presidential election of this year is moral rather than 
political. It concerns the national honor and character and honesty of administration 
rather than general policies of government, upon which the platforms of the two parties 
do not essentially differ. No position taken by one platform is seriously traversed by the 
other. Both evidently contemplate a general agreement of public opinion upon subjects 
which have been long in controversy and indicate an unwillingness to declare upon other 
and cardinal questions views which, in the present condition of opinion, might seriously 
disturb the parties within themselves. Parties, indeed, now cohere mainly by habit and 
tradition, and since the great issues which have divided them have been largely settled, 
the most vital political activity has been the endeavor of good citizens in both parties to 
adjust them to living issues and to make them effective agencies of political progress and 
reform. 

The indispensable necessity of this course has been long apparent, for in a time 
of profound peace at home and abroad the most threatening national peril is an insidious 
political corruption, a mercenary and demoralizing spirit and tendency, the result of which 
is well described by Senator Hoar, of Ma sachusetts, as "the shameless doctrine that the 
true way by which power should be gained in the Republic is to bribe the people with 
the offices created for their service, and the true end for which it should be used when 
gained is the promotion of selfish ambition and the gratification of personal revenge. " 

But this doctrine naturally has produced results which are still more alarming. The 
corrupt spirit and tendency have so rapidly developed, that they seek political power not 
only to gratify ambition and revenge but to promote private gam. They deride 
appeals to the public conscience, defend the soiled reputations of public men by the 
bold assertion that all public men are equally guilty, declare that success in obtaining 
eminent position disposes of every imputation and suspicion of wrongdoing, and despising 
all practical measures to reform the system of official patronage which fosters dishonest 
politics, make a great party nominally responsible for prolonged and monstrous fraud, 
and proclaim that it is the duty of every citizen who for great and beneficial ends has 
habitually supported a party to regard the success of the party at an election, without 
regard to the character of those whom it selects as its executive agents, to be a supreme 
national necessity. A tendency more fatal to the public welfare cannot be conceived, 
and when by public indifference or misundestanding this corrupt spirit is able to demand 
that the country shall approve it by according to it the highest honor in its gift, every 
patriotic citizen must perceive that no duty could be more pressing, vital and imperative 
than that of baffling and defeating the demand. 

If the Republican Convention has presented a candidate whose character and career 
were the pledge of a resolute contest with the tendencies that we have described ; if they 
had foretold a stern dealing with political corruption and a vigorous correction of the vast 
abuses which the long and undisturbed tenure of power by any party is sure to breed ; if 
the success of the candidate had promised inflexible honesty of administration, purifica- 
tion of the Government, and elevation of the party standard, every Republican voter 
would have gladly supported the nomination. But these are precisely the anticipations 
which the nomination forbids. It offers a candidate who is an unfit leader, shown by his 
own words and acknowledged acts, which are of official record, to be unworthy of respect 
and confidence ; who has traded upon his official trust for his pecuniary gain ; a repre- 
sentative of men, methods and conduct, which the public conscience condemns, and which 
illustrate the very evils that honest men would reform. 

Such a nomination does not promise in the Executive chair inflexible official integrity, 
calm and wise judgement, a sole regard for the public welfare, and an unshrinking 
determination to promote reform in the civil service, and ceaselessly to pursue and punish 
public robbers of every kind and degree. Independent voters have generally supported 



284 THE INDEPENDENT TIDAL-WAVE. 

Republican nominations as more surely promising reform than those of the Democratic 
Party. Independents, however, cannot support a nomination which is the culmination of 
the tendency that they would correct. Republicans cannot hope that under such lead- 
ership as we have mentioned the abuses of the past can be corrected or the party reformed. 
We are very proud of the great record aud services of the Republican party, but not with 
our consent and connivance shall that record be disgraced. 

Every party must be constantly renewed by the intelligent independence of its own 
members, or it will sink from an agency to secure good government into a remorseless 
despotism. The Republican party sprang from a moral sentiment. It was the party of 
political morality and of personal liberty. It appealed directly to the conscience of the 
citizen. But, like all parties, it was a political agency not to be worshipped, but to be 
carefully held to the spirit and purposes on which and for which it was organized. " I 
do not know," said Mr. Seward, thirty years ago, when he left the Whig party to join 
the Republican : "I do not know that it will always or even long preserve its courage, 
its moderation, and its consistency. If it shall do so, it will secure and save the country. 
If it shall become unfaithful, as all preceding parties have done, it will, without sorrow 
or regret on my part, perish as they are perishing, and will give place to another, truer, 
and better one." 

This warning must not he forgotten. It is with a profound conviction of its wis- 
dom that Republicans faithful to their party, but holding, with the great Republican 
fathers, that political morality and purity of administration are more precious than party, 
are now constrained to oppose the Republican Presidential nomination in the interest of 
what they believe to be pure republicanism, of the public welfare, and of the honor of 
the American name. 

The Republic nomination has for the time superseded all other issues by raising the 
question of official honesty. This question cannot be avoided except upon the plea that the 
official character of candidates need not be considered, and that in order to secure a party 
President the members of a party ought to vote for any candidate whatever who has been 
regularly nominated. This is a plea beyond which party madness cannot go. Acqui- 
escence in it would require the surrender of the self-respect of every voter. There could 
be no candidate so unfit that this plea would not demand his support, and Republican 
success justified by an argument which defies the public conscience, would be the 
overthrow of the vital principle of the party, and show that the spirit and character 
which created its great traditions are rapidly perishing. 

Upon the practical questions of tariff and finance, and other questions upon which both 
parties are divided within themselves, we also are divided in opinion. We shall vote, 
therefore, in the choice of representatives in Congress and other officers, according to 
our individual opinions of their political views and their personal character. Divided on 
other questions, we are united in conviction that the fountain of office and honor should 
be pure and that the highest office in the country should be filled by a man of abso- 
lutely unsuspected integrity. 

As there is no distinctive issue upon public policy presented for the consideration of the 
country, the character of the candidates becomes of the highest importance with all 
citizens who do not hold that party victory should be secured at any cost. While the 
Republican nomination presents a candidate whom we cannot support, the Democratic 
party presents one whose name is the synonym of political courage and honesty 
and of administrative reform. He has discharged every official trust with sole 
regard to the public welfare and with just disregard of mere partisan and personal 
advantage, which, with the applause and confidence of both parties, have raised 
him from the chief executive administration of a great city to that of a great 
State. His unreserved, intelligent, and sincere support of reform in the civil service 
has firmly established that reform in the State and the cities of New York ; and his 
personal convictions, proved by his official acts more decisive than any possible platform 
declaration, are the guarantee that in its spirits and in its letter the reform would be 
enforced in the National Administration. His high sense of public duty, his absolute and 
unchallenged official integrity, his inflexible courage in resisting party pressure and 
public outcry, his great experience in the details of administration, and his commanding 
executive ability and independence, are precisely the qualities which the political situation 
demands in the chief executive officer of the Government to resist corporate monopoly on 
the one hand and demagogue Communism on the other, and at home and abroad, without 
menace or fear, to protect every right of American citizens and to respect every right of 
friendly States by making political morality and private honesty the basis of constitutional 
administration. 

He is a Democrat who is happily free from all association with the fierce party differ- 
ences of the slavery contest, and whose financial views are in harmony with those of the 
best men in both parties. Coming into public prominence at a time when official purity, 



THE INDEPENDENT TIDAL-WAVE. 285 

courage, and character ai-e of chief importance, he presents the qualities and the promise 
which independent voters desire and which a great body of Republicans, believing those 
qualities to be absolutely indispensable in the administration of the Government at this 
time, do not find in the candidate of their own party. 

Such independent voters do not propose to ally themselves inextricably with any 
party. Such Republicans do not propose to abandon the Republican party nor to merge 
themselves in any other party, but they do propose to aid in defeating a Republican 
nomination which, not for reasons of expediency only, but for high moral and patriotic 
considerations, with a due regard for the Republican name and for the American charac- 
ter, was unfit to be made. They desire not to evade the proper responsibility of American 
citizens by declining to vote, and they desire also to make their votes as effective as 
possible for honest and pure and wise administration. 

How can such voters, who at this election cannot conscientiously support the Repub- 
lican candidate, promote the objects which they desire to accomplish more surely than 
by supporting the candidate who represents the qualities, the spirit, and the purpose 
which they all agree in believing to be of controlling importance in this election ? No 
citizen can rightfully avoid the issue or refuse to cast his vote. The ballot is a trust. 
Every voter is a trustee for good government, bound to answer to his private conscience 
for his public acts. This conference, therefore, assuming that Republicans and indepen- 
dent voters, who for any reason cannot sustain the Republican nomination desire to take 
the course which, under the necessary conditions and constitutional methods of a Presi- 
dential election, will most readily and surely secure the result at which they aim, respect- 
fully recommends to all such citizens to support the Electors who will vote for Grover 
Cleveland in order most effectually to enforce their conviction that noching could more 
deeply stain the American name and prove more disastrous to the public welfare than 
the deliberate indifference of the people of the United States to increasing public corrup- 
tion and to the want of official integrity in the highest trusts of the Government. 

Mr. Schurz's Address. 

At a meeting at the Grand Opera House, in Brooklyn, August 5th, Carl Schurz, 
who had been invited to present his views on the issues of the campaign, delivered 
an exhaustive and memorable argument, from which we reproduce the following 
portions : 

Fellow-Citizens : In obedience to the invitation with which I have been honored, 
I stand here in behalf of Republicans opposing the presidential candidates of the Repub- 
lican party. You may well believe me when I say that it is no pleasure to me to enter 
upon a campaign like this. But a candid statement of our reasons for the step we have 
taken is due to those whose companionship in the pending contest we have left. It is, 
therefore, to Republicans that I address myself. I shall, of course, not waste any words 
upon politicians who follow the name of the party, right or wrong ; but to the men of reason 
and conscience will I appeal, who loved their party for the good ends it was serving, 
and who were faithful to it in the same measure as it was faithful to the honor and the 
true interests of the Republic. Let them hear me, and then decide whether the same 
fidelity will not irresistibly lead them where we stand now. 

The Tariff not the Issue. 

At the threshold I have to meet a misapprehension of our motives. It has been said, 
and, I suppose, believed by some, that we were dissatisfied with the Republican party 
because its present candidates were protectionists. This is easily answered. Is Senator 
Edmunds, of Vermont, a free trader ? On the contrary, he is well known to be as 
strong a protectionist as any member of the Senate. And who among the candidates 
before the Republican National Convention was the favorite of the same "independent 
Republicans" now opposing the Republican nominations? The same Senator Ed- 
munds. Why was he their favorite ? Because he was thoroughly trusted as an honest 
man who could be depended upon to be faithful to those moral principles and political 
methods the observance of which would make and keep the Government honest. There 
' was the decisive point. We should have supported other Republican candidates even of 
less prominence and of less ability than Mr. Edmunds possesses, no matter whether they 
were as strong protectionists as he, provided they satisfied that one fundamental require- 
ment of unimpeachable, positive, and active integrity. This is a fact universally known 
which no candid man will question. What, then, has the tariff question to do with the 
motives of our opposition ? Nothing at all. And if any of those to whom these pres- 



286 THE INDEPENDENT TIDAL-WAVE. 

ents may come still assert that the tariff is the moving cause of our action, they convict 
themselves of being afraid of the real reasons which govern us, and of seeking artfully to 
deceive the people about them. So far, it may have been a mistake ; now it will be a lie. 
Undoubtedly the tariff is an interesting and important subject; so is the currency; 
so is the bank question ; so is the Mormon question ; so are many others. At other 
times they might absorb our attention. But this time the Republican National Conven- 
tion has, with brutal directness, so that we must face it whether we will or not, forced 
upon the country another issue, which is infinitely more important, because it touches 
the vitality of our institutions. It is the question of honesty in government. I say the 
Republican Convention has forced it upon the country, not by platform declarations, 
but by nominating for the Presidency a man with a blemished public record. Under- 
stand me fully. The question is not merely whether Mr. Blaine, if elected notwith- 
standing his past career, would or would not give the country a comparatively honest 
Administration. The question is much larger than that. It is, whether the public 
record of the Republican candidate is not such as to make his election by the American 
people equivalent to a declaration on their part that honesty will no longer be one of the 
requirements of the government of the Republic. It is, whether such a declaration will 
not have the inevitable effect of sinking the Government for generations to come, per- 
haps forever, into a depth of demoralization and corruption such as we have never 
dreamed of before. If this is really the issue of the pending campaign, then you will 
admit it to be the most momentous that has been upon us since the civil war ; nay, as> 
momentous as any involved in the civil war itself. 

* * *"" * * * * * * * 

If you want to know what the result of Mr. Blaine's election would be, stop and 
observe what the result of his mere nomination already has been. What do you see ? 
Men high in standing, who but yesterday were shocked at such things as Mr. Blaine has 
done, who thought that the people would and ought to brand them with their emphatic 
disapproval, now meekly apologizing for the same things and dismissing them as little 
eccentricities of genius. Nay, some of them grow fairly facetious at the " Pharisees," 
or "saints," or " dudes," or " gentle hermits" who denounce corruption to-day as they 
themselves denounced it yesterday. Indeed, " Pharisees " and "saints." What, then,, 
are the strange and extravagant things which these Pharisees and saints demand, and 
which after Mr. Blaine's nomination have suddenly become so ridiculous ? Do they ask 
that a candidate for the Presidency should be the ideal man and the embodiment of all 
the human virtues ? That he should part his hair in the middle and wear lavender 
gloves? No, not that. But these strange creatures, these "Pharisees " and " dudes, n 
insist that a man to be elected President of the United States should be a man of 
integrity ; that he should have a just sense of official honor ; that he should not be one 
with a record of prostituted official power, such as the Mulligan letters and the investiga- 
tion show, upon his back. That is all. Why, how ridiculous this is, to be sure. Have 
you ever heard anything so outlandish ? 

Well, fellow-citizens, when you see grave men, men of public standing, suddenly 

disposed to laugh at other men who to-day refuse to honor bad practices which yesterday 

they all in common condemned, it is not altogether amusing. It is a rather serious 

symptom of the moral effect Mr. Blaine's mere nomination has already produced. But 

it is only one of many. 

******** 

There is corruption enough now. But when the American people shall have 
proclaimed that they care nothing for a proper sense of honor in their public men and 
the public service, then a crop of corruption and demoralization will ripen such as we 
have never dreamed of. You complain now that the money kings and the great 
corporations have too much power in our public concerns. But when the American 
people by a solemn popular election shall have taught our politicians, young and old, 
that they can make themselves rich by the prostitution of official trust without fear of 
disgrace, that they may have pelf and public honor at the same time, there will be no 
limit to the corrupting power of wealth, and your dreaded money kings and corpor- 
ations will do in open daylight what they now attempt in the dark. Corruption will 
irresistibly "broaden down from precedent to precedent." Its flood may overwhelm 
all that we hold dear and are proud of to-day. 

Citizens of the United States, I warn you solemnly not to take this fatal leap. 
The honor of the American people, the vitality of our institutions, the whole future of 
the Republic are involved in the issue. Do you want to protect that honor, to save 
those institutions from deadly rot and the future of the Republic from incalculable disaster 
and disgrace ? There is but one thing to do. If a political party, however great and 
glorious, has been so forgetful of its dignity and its duty as to nominate a candidate for 
the Presidency conspicuously bearing the fatal taint, then the American people must 



THE INDEPENDENT TIDAL-WAVE. 287 

show that they have moral sense enough to reject him, and to reject him overwhelm- 
ingly. That is the way of salvation. There is no other. 

& ^* * J * * * * * * 

This is not the cause of a mere party. It is greater than any party. It is in the 
broadest sense the cause of the people, the cause of all classes and honorable occupations 
alike. • It speaks the language of interest and says to our merchants and business men : 
You know that the successful working of commerce and trade hangs upon trust between 
man and man. You need credit as a nation as you need confidence between individuals. 
If you discover that a managing man in your business is in secret concert with any of 
your customers and uses the opportunities of his position for his own personal profit, you 
confide in him no longer, but you discharge him. If you learn that the cashier of your 
bank so uses the opportunities of his place, you distrust the institution and withdraw 
your deposits. What will you think of yourselves, what will the world think of your 
business judgment and your sense of honesty, if in something far greater than your shop 
or your bank, if in the government of your country you promote the man who has done 
this to the highest place of honor and trust ? You complain that the credit of our great 
enterprises has most injuriously suffered at home and abroad by the unscrupulous tricks 
of the inside rings in corporate management. How will it be if you give the solemn 
sanction of your votes to something akin to the same practice in the Government of the 
Republic ? 

This is the cause of labor and says to the workingmen : What you need above all 
things is a government of just laws and of honest men to execute the laws. You need 
men who have the conscience and courage to say "No" to you when the law forbids 
that which you may ask for ; for such men will have the conscience and courage to say 
"No " to those more powerful than you when they ask for what is unjust and injurious 
to you. Beware of the demagogue who the more he flatters you with promises to-day 
the more he will be likely to betray you to-morrow. Beware of the political jobber, for 
in the very nature of things he is always the monopolist's own pet and bedfellow. How 
can you, laboring men, so betray your own interests as to support a candidate whose 
election will mean that in the opinion of the American people jobbery in the Govern- 
ment is a legitimate occupation not to be punished, but to be honored ? 

This is the- cause of patriotism and national pride, and it says to every citizen of the 
Republic : Do you want the world abroad to respect the American name ? Then show 
them first that the American people respect themselves. The American people will show 
how they respect themselves by the choice they make for their highest honors. Ask 
yourselves, Americans, how this Republic will stand in the esteem of mankind, and how 
its influence will be upheld by the confidence of nations if the American people by a 
solemn vote proclaim to the world that official honor is to them a thing of indifference, 
and that they select their President from among those who have traded on high official 
trust to make money. 

And in the face of all this still the cry of "Party ! " Woe to the republic whose 
ciazens think of party and nothing but party when the honor of their country and the 
vitality of their Government are at stake. But, happily, what an impotent cry it is in 
these days. Look around you and see what is going on. The time of a new migration 
of political forces seems to have come. The elements are restlessly moving, in all direc- 
tions breaking through the barriers of old organizations. Here they march, and there, 
some with uncertain purposes, crossing one another's paths and sometimes even their 
own. No doubt one of the candidates of the two great parties will be President. But 
neither of the two parties, when it issues from the struggle, will be what it was 
before. This is the disorder which evolves new energies, for good or for evil. Such are 
periods of promise, but also of danger. What will come we cannot foresee. But in the 
confusion that surrounds us it is the part of patriotic men to stand together with clear 
heads and one firm purpose. The duty is plain. It is to see to it that, whatever the 
future may build up, its foundations at least be kept sound ; that the honor of the Ameri- 
can people be preserved intact, and that all political parties, new or old, become forever 
impressed with the utter hopelessness of any attempt to win success without respecting 
that vital condition of our greatness and glory, which is honest government. 

Independent Press on Blaine. 

[New York Herald, June 7.] 

Finally the great agony is over, and Mr. Blaine is the candidate of the Republican 
party for the office of President of the United States. We are sorry for it, and we believe 
the Republicans will all be sorry for it next November. But although every man who cares 
for the purity of public life and the welfare of the country, and especially all those who 



288 THE INDEPENDENT TIDAL-WAVE. 

hoped for the redemption of the Republican party from the evil elements that have already 
nearly dragged it down the depths, must poignantly regret a nomination like this, yet 
there has grown within a day or two in many circles a sentiment that will regard the nomi- 
nation with a certain grim sense of satisfaction. Indignation of decent opinion at the 
ever-recurring nuisance of the Blaine candidacy, a revolt against the open shamelessness 
of the Blaine men and their methods, and at their scheme of carrying things with'a roar 
and not by reason, has made men feel that at last there was perhaps but one cure for all 
this, which was to have the Blaine element carry the Convention and nominate their man, 
and then see the man and the party buried out of sight by an overwhelming defeat at the 
hands of the people. All who have felt that way have their cure before them; and they 
may at least congratulate themselves that they are now indeed in a fair way to have done 
with Blaine forever. 

[New York Times, June 8.] 
The demonstrations of welcome with which some former Presidential nominations have 
been received have been formal and perfunctory, perhaps. Mr. Blaine's is the first to be 
received in cold and disapproving silence by a large section of the party and with instant 
protest and revolt by another large element. Thousands of Republicans with whom 
patriotism is a sentiment enduring for life, while partisanship lasts only during the party's 
good behavior, that is to say the right-thinking and reasonable men of the party, are 
asking themselves to-day whether they are now Republicans, whether the party they 
belonged to and were proud to serve any longer exists. Thousands of other Republicans, 
less firmly attached to the party, Republicans whose allegiance is always dependent upon 
good nominations and right intentions, are conferring one with another about the nomina- 
tion of an independent Republican ticket in opposition to Blaine and Logan. The Re- 
publican party was never brought to such a pass before. The Liberal Republican 
episode of 1872 was a summer shower. The party now faces a " rattling storm of 
aiTOws barbed with fire." 

[From the Boston Advertiser — Rep.~\ 
To a large section of the Republican party the news that the fierce struggle at Chicago 
has ended by the nomination of Mr. Blaine will appear ominous of disaster. To them the 
event will mean that the party of sound government and of high moral purpose is 
required to abdicate its place as the exponent of principles and to undertake the excul- 
pation of a man, and to them it will appear, as we believe, that the decision of a 
National Convention no longer reflects the matured judgment of a great party holding 
itself responsible for the guidance of the nation, but is the chance result of a contest in 
which intense ambition, the most degraded political methods, and the clamor of a mob 
within the hall of the convention have had a victory. We need not enter upon any 
formal declaration of our own entire agreement with those Republicans who thus fail to 
find in the nomination any fit expression of the established principles and avowed aims 
of the Republican party. The events of the last three days have given us no answer to 
the objections so often urged in these columns against the nomination of Mr. Blaine and 
against the course of Mr. Blaine as a public man, and have presented no contmgency in 
which these objections could be waived consistently with truth or political honor. We 
have, then, nothing to retract and nothing to modify. With unabated devotion to the 
great purposes for which the Republican party was organized and has been maintained, 
we declare our inability to support the nomination, either in the present aspect of the 
political field, or in any which now seems likely to presenc itself. 

[From the Springfield Republican, June 7.] 
These nominations are revolutionary. They are such as the Republican party has 
•never before presented, and will carry dismay and alarm to thousands of men who have 
regarded this as the party of safety, of integrity, of principle, and of high moral ends. 
They portend deserved disaster and defeat to the Republican party, and a revolution in 
the National Administration. Our readers will observe that even among the party press 
the New York Times and the Boston Advertiser already decline to support the Repub- 
lican ticket. 

[From New York Evening Post, June 7.] 
What is to be the issue from this deplorable and disastrous but deliberately created 
muddle, it is yet too soon to forecast. That Mr. Blaine cannot be elected, we look on as 
certain. Whether he can be defeated without ruining the organization which is being 
prostituted in the service of his selfish ambition remains to be seen. The extent of his 
defeat — that is, the size of the majority which will remove him permanently from the 
political arena — will depend largely on the action of the Democrats. They have now an 
•opportunity offered them such as has not presented itself for a quarter of a century. 



THE INDEPENDENT TIDAL-WAVE. 289 

[From the Worcester (Mass.) Spy, June 7.] 

Not only was Mr. Blaine the free choice of the convention, but it is safe to go further 
and say that his nomination is acceptable to a considerable majority of the Republican 
voters of the country. But that does not imply that his election will be easy. No doubt 
he will make a "rattling " campaign. There will be plenty of crowded meetings, ring- 
ing speeches, and tremendous cheering. But no candidate who has been thought of has 
so many resolute opponents among men who would gladly vote with the Republicans if 
the Republican Party would give them a candidate for whom they could vote with a 
good conscience. Mr. Blaine's admirers may think that they are unreasonable, obstinate, 
and prejudiced ; that they magnify small faults into inexcusable offenses ; that they 
make of slight objections insuperable obstacles ; that they give too much weight to the 
evidence against Mr. Blaine's character, and too little to that in his favor ; that they 
exaggerate the personal aspects of the canvass, and do not think enough of its party 
aspects. All this has been said many times, and will continue to be said in varying 
forms of expression and in diverse tones and tempers, in the endeavor to pursuade or 
drive into the party ranks the men who think Mr. Blaine is not a tit candidate. No doubt 
thev will prevail with some of them, but there will be a remnant whose votes will be 
sorely needed, perhaps will be indispensable, in the doubtful States, and especially in 
New York. Unfortunately the vote of an enthusiast goes no further and counts for no 
more than that of a quiet man without violent preferences ; and, therefore, universal 
esteem, equally distributed over the whole country, is preferable to blazing enthusiasm in 
a majority of the party, with a sprinkling of settled distrust and stubborn hostility. 
What the independent Republicans can do in New York was proved in the election of 
1882. What they will do this year will be seen in November. We should have no pleas- 
ure in predicting disaster to the Republican party, but it is impossible now to expect 
with confidence Mr. Blaine's election. 

[From the Boston Herald— Ind. Rep.~\ 

Believing that Mr. Blaine would be a bad and dangerous President, we hope to see 
him defeated. Believing him to be a weak candidate, we expect to see him defeated. 
His zealots say he can be elected without the vote of New York. They will have a chance 
to prove it. Perhaps they think he can be elected without the help of Massachusetts. It 
is not improbable that they may have a chance to test this also. If the Democrats rise 
to the occasion, nominate Governor Cleveland and give him an honest support in his own 
State, we believe they will carry the election. The government of the people, by the 
people, is safe in the hands of any majority of the people. Now may be a good time for 
the Republican party to step down and out. The National Convention has acted as if it 
thought so. 

[From the Chicago Daily News — Rep.] 

It is perhaps needless to say that the act of the Convention has not changed our 
opinion of the man who is now the nominee of the Republican party. That act may 
constitute in the eyes of many a veritable political lethe, but we see no reason to follow 
those whose convictions are so easily changed. No one has disproved the charges made 
against Mr. Blaine, nor have they ever been withdrawn. In short, he is to-day in all 
respects the same man that he was before the Convention assembled. 

[From the Philaaelphia Times — Ind. ] 
The sober, serious fact that Mr. Blaine's partisans must face is that the large body of 
conservative citizens who hold the balance of power in every one of the debatable eastern 
States— New York, New Jersey, and Connecticut, and even Massachusetts — profoundly 
distrust Mr. Blaine and will not support him for the Presidency. Whether their opposition 
be made effective for his defeat will depend, of course, on the alternative offered by the 
Democratic party next month, but if he be elected it will be through Democratic folly and 
not in any case by brass bands. 

[From the Buffalo Commercial — Rep.'] 
It would be arrant hypocrisy for the Commercial to pretend to be satisfied with the 
result of the Chicago Convention. * * * The Commercial has freely criticized Mr. 
Blaine's availability as a candidate. We have said that we did not believe he could carry 
New York State, and that to elect him would demand the utmost exertions of the 
Republican party. To what we have said we adhere. 

[Boston Transcript (Rep. ), June 9.] 
The Republicans of the country had a right to expect that their delegates at Chicago 
would place in nomination a man for whose career no explanation nor apology need be 

19 



290 THE INDEPENDENT TIDAL-WAVE. 

made, pledged by his record and present utterances to administrate reform, and whose 
broad and conservative judgment would be a guarantee of domestic prosperity and a 
security against the dangers of all ambitious and visionary policies. It is yet to be seen 
to what extent the Republicans throughout the country will ratify the selection of the 
convention. The effervescence attending the nomination, when first made, is visibly wan- 
ing, although Mr. Blame's campaign, to be a successful one, must have the same whoop 
and hurrah throughout that captured the Chicago Convention. We do not propose to 
reiterate the charge against James G. Blaine of using public position for private gain. 
Public opinion is fixed, we believe, as to the truth of that matter. But if this allegation 
could be fully met then there would still remain Mr. Blaine's floundering course as Secre- 
tary of State, his dangerous diplomacy while in that office, and the feeling this has pro- 
duced in the community that his election would give the country a sensational rather than 
a safe President. 

\_New York Staats Zeitung.] 
We would prefer that the country had been spared the danger of the election ot such 
a President. It does not occur to us that Blame is a weak character. His " magnetism " 
is no empty phrase. When he left Congress to become the head of the Executive (for he was 
the only head of the Garfield Administration) he was obliged to prop up his popularity 
by a combative foreign policy, which should tickle the vanity of the nation, so little did 
he regard the true interests of the people. To this course the man will always adhere, 
no matter in what position he may be. He is the boldest, ablest representative of all those 
who fight for that political power which misrepresents the people. 

[Wilmington News, {Rep.), June 10.] 

Those who regarded Blaine as an unavailable candidate are already justified in their 
judgment, their predictions and their fears. This movement on the part of the Republican 
press and in respect to the Republican candidate is startling by its suddenness, its deter- 
mination and its extent. It adds squarely before the noise of the shouting at Chicago has 
fairly died away, a new element of uncertainty, as to every eastern State that has 
hitherto been conceded to be doubtful, and it distinctly adds Massachusetts to the list. 
It is too early yet to measure the full force and significance of this Republican revolt. 
That it exists at all is a striking evidence of the sagacity of those who regarded Mr. 
Blaine's nomination as injudicious. It brings into the opposition to the Republican 
ticket — not necessarily into the Democratic party — an intellectual and moral power 
which hitherto has been among the most cherished and useful of the Republican 
resources. 

[New Haven Morning News {Rep.), fane J.] 

Is that man going to build up the party whose nomination alienates some of its most 
honored leaders ? Is the great army of Republicans to be consolidated under a com- 
mander who begins his first battle with a corps of Independent Republicans deserting 
from his standard ? Is his selection the choice of a leader who will conciliate and unite 
rather than distract and weaken ? A Republican National Convention has at last made 
one of those mistakes which it has so often had opportunities to charge upon its foes. 
Whether the error proves fatal depends largely on whether the coming Democratic 
National Convention gives voters only a choice of evils. 

[Chicago Evening Mail (Ind.) , June 9. ] 
Is James G. Blaine Jay Gould's man ? Despite his friendly relations with General 
Grant, Mr. Gould did his utmost to secure the nomination for Blaine in 1876 and again in 
1880. Evidently he has not changed his mind in the past eight years. He is still for 
Blaine. Putting this and that together, the voters of the country have something upon 
which to cogitate. There are some forfeited land grants in which the people and Jay 
Gould have conflicting interests. Contingencies may at any time arise when it would be 
most convenient for Mr. Gould to have a stanch friend in the Presidential chair. Occa- 
sionally the veto is of inestimable value. Perhaps the impression that Mr. Gould stands 
behind him does the Maine statesman grievous wrong. It behooves Mr. Blaine and his 
friends to at once strive to disabuse the public mind. Otherwise mere suspicion will be 
mistaken for irrefragable proof as the canvass progresses. The people are not quite ready 
to elevate Mr. Gould to a place behind the throne greater than the throne itself. 

[Erom the Christian Union. ] 
The nominations at Chicago have brought genuine grief to a large and very intelli- 
gent body of voters inside the Republican party. They were never more ardently 
attached to Republican principles than they are to-day, and they stand aloof rom their 
old-time fellowships in the crisis of a Presidential election with unfeigned regret. But 



THE INDEPENDENT TIDAL-WAVE. 291 

they cannot do otherwise, again and again in the last eight years they have declared 
their unalterable determination not to support Mr. Blaine for the Presidency. Their 
opposition is not captious; they have come to distrust Mr. Blaine with reluctance, and 
have yielded to doubt only because they could not shut it out; they have never endeavored 
to impose any candidate of their own upon the party. It is through no fault of theirs 
that they now stand silent in a campaign to which they had looked forward as opening 
another and nobler chapter in the history of the nation. 

[From the Springfield Republican.'] 
It is not to be wondered at that members of the Republican National Committee com- 
plain bitterly that "the cause" is without satisfactory newspaper advocacy. This is the 
first striking feature of the situation. The New York Tribune is playing light Blaine 
tunes, the Commercial Advertiser generally does the same, and of the weekly and illus- 
trated papers Frank Leslie's may be counted on supporting the Republican ticket — and 
the trio represents a total circulation of perhaps 100,000 copies. On the other side is 
ranged almost solidly the rest of the press of the city, which stands for a circulation of 
over half a million copies, the Times, Herald^ Evening Post, Telegram, World, Staats 
Zeitung, Harper's Weekly, Puck and Sun— which is certainly anti-Blaine — makingrup the 
interesting array. Whatever may be said about the influence of newspaper writing in 
determining the results of elections, it will not be denied that newspapers reflect to a 
great extent the local sentiment. 

Independent Press on Cleveland. 

[New York Herald, July 12.] 

"The Herald puts at the head of its columns the Democratic ticket for President and 
Vice -President of the United States. We congratulate the Democratic party upon the 
work of its Convention at Chicago and the opportunity it offers to the American people, 
through a union of patriotic voters, by whatever name they call themselves — Democrats, 
Independents, Labor Reformers, or whatsoever else — to redeem the country from the 
disgrace and peril to which the Republichn party has plotted to expose it by the 
thoroughly bad nominations of Blaine and Logan. 

"Cleveland's easy nomination on the second ballot yesterday justifies all that we 
have thought and said of the sound judgment and good sense of this Convention when 
put to a decisive test of choosing what is vital, sound and vigorous in the Democracy and 
what is very much the other way; and the convention is to be congratulated upon the fact 
that it has named the man who will be the next President. 

[Harper's Weekly, July 19.] 
" The nomination of Governor Cleveland defines sharply the actual issue of the Presi- 
dential election of this year. He is a man whose absolute official integrity has never 
been questioned, who has no laborious and doubtful explanations to undertake, and who 
is universally known as the Governor of New York, elected by an unprecedented majority 
which was not partisan, and represented both the votes and the consent of an enormous 
body of Republicans, and who as the Chief Executive of the State has steadily with- 
stood the blandishments and the threats of the worst elements of his party, and has justly 
earned the reputation of a courageous, independent, and efficient friend and promoter of 
administrative reform. His name has become that of the especial representative among 
our public men of the integrity, purity, and economy of administration, which are the 
objects of the most intelligent and patriotic citizens. * * * * The 

nomination of Governor Cleveland is due not so much to the preference of his party as 
to the general demand of the country for a candidacy which stands for precisely the 
qualities and services which are associated with his name." 

\N. Y. Times, July 12.] 
It is not only in what he clearly represents but in what he distinctly opposes that 
Grover Cleveland is strong before the Ameriean people. His career has made him the 
exponent of clean and honest politics. In the administration of public trusts he has shown 
that he is superior to partisan bias, indifferent to such party interests as are in conflict with 
official probity and the public welfare. He has been severely tried in the important and 
responsible post he now occupies. He has resisted the importunities of designing politi- 
cians, he has defeated the purposes of selfish schemers. All those members of his own 
party who are not absorbed in private aims which are in conflict with the public good are 
outspoken in his praise; and he has won the good opinion of all Republicans who are not 
so far gone in partisanship as to have lost the power to commend upright conduct in a 
political adversary. 



292 THE INDEPENDENT TIDAL-WAVE. 

[The Nation, July 17.] 

The nomination of Governor Cleveland by the Democratic Convention makes the way 
perfectly plain and simple for all friends of good government who are for any reason 
dissatisfied with the Republican candidate. This time the Democrats have made no 
mistake. 

* * * * Cleveland has happily something far stronger than the promise of a 
strong character to commend him to the suffrages of good men of all parties. He is a 
tried administrator. One of the Blaine organs in its great agony has tried to relieve itself 
by calling him " a man destitute of experience." Of one kind of experience — experience 
in political trickery and manipulation, and in the art of making money for himself and 
his friends out of politics — he is, indeed, destitute. But the present extraordinary 
political crisis is due to the profound and growing popular belief that this kind of experi- 
ence is too common among our statesmen, and that the Republican candidate in 
particular is too rich in it either for his own or his country's good. Of the kind of 
experience which the present situation in national affairs most imperatively calls for, 
experience in administration, Cleveland has more than any one who has entered the 
White House since i860, more than any man whom either party has nominated within 
that period, except Seymour and Tilden — more than Lincoln, more than Grant, more 
than Hayes, more than Garfield, more than Arthur. 

He laid at the start the best of all foundations for American statesmanship by becoming 
a good lawyer. He began his executive career by being a good county sheriff. He was next 
intrusted with the administration of a great city — as severe a test of a man's capacity in 
dealing with men and affairs as any American in our time can undergo. In both offices 
he gave boundless satisfaction to his fellow-citizens of both parties. His nomination for the 
Governorship of this State came in due course, and at a crisis in State affairs which very 
closely resembled that which we are now witnessing in national affairs. His election by 
an unprecedented majority is now an old story. It was the beginning, of a revolution. 
It was the first thorough fright the tricky and jobbing element in politics ever received 
here. It for the first time in the experience of such politicans gave reform an air of 
reality." 

[From the Springfield (Mass.) Republican.'] 

The Democratic party has come fully up to its great opportunity and placed in 
nomination for the presidency Governor Cleveland, of New York, with Hendricks, of 
Indiana, in the second place, as in 1876. It is the old ticket of 1876, with the new 
reforming Governor of New York in place of the old. This is a happy union of the avail- 
able half of the ticket of 1876, and of the new and vigorous manhood of the party, with 
its recent experience in practical administration, and its just appreciation of the present 
issues. The nomination of this ticket gives the Democracy approximately an even chance 
of carrying the country. They have sound candidates upon a good platform. 

[From the Boston Herald.] 
With Cleveland as the Democratic candidate the composition of the two parties will 
be materially changed. Democrats who are m politics for the spoils and plunder they 
can get out of it, will, many of them openly, or secretly, go for Blaine. The better 
portion of the Republican party, embracing men of principle and independence, will 
furnish votes for Cleveland. If the Republican leaders are satisfied with the exchange 
they are not to be envied their capacity for being pleased. With a reform candidate, 
nominated by the Democratic party solely because he is and has always been a reformer, 
and is acceptable to the reform voters, it looks like the beginning of a practical reorgani- 
zation of parties. It certainly looks like the beginning of the end of the Republican 
party : as at present organized and led. Defeat will do the Republican party good. 
Success will do the Democratic party good. 

From the New York Siaats-Zeitung. 
It cannot be honestly denied that a change of parties in office, brought about with- 
out revolution, can only have a wholesome effect. No party can continue a long, 
uninterrupted possession of power without becoming a prey to corruption. The Repub- 
lican party has furnished ample proof of this. Let there be an opportunity offered to the 
people for a change of parties of such a kind that the victors must give up all idea of a 
general distribution of the offices among their adherents and the people will joyfully 
agree to it. The nomination of Cleveland gives this guarantee. His record as chief 
magistrate of a large city and a great State has made him in the popular mind the pro- 
totype of a conscientious official, unwavering in principle, and one who, to the deep 
chagrin of professional politicians, has always held the public interest paramount to party 
considerations. Mr. Cleveland will certainly use the whole power of the Presidential 



THE INDEPENDENT TIDAL-WAVE. 293 

office to purify the federal service, and to keep it pure, and this, above all, is expected 
by the people of the President; Wherever corruption has taken root he will not, as 
would be the case with a Republican President, have to exercise leniency, and he will 
take proper precautions in order that the corruption may not be continued under the 
Democratic regime. No earthly power will be able to induce him to let corruptionists 
use the influence of his high office. 

His is the well-earned record of a personally pure man and a practical reformer of 
the public service. With conscientious zeal he watched over the doings of the legislative 
branch of the State government, and displayed the same conscientious care in scrutiniz- 
ing and approving its acts. His reputation in this respect is an enviable one. These 
considerations will have the same wholesome effect in the elections as in the nominating 
Convention. The circumstances were and are such that a man of this stamp must be 
brought forward ; hence he has been given the preference over the most tried leaders of 
the party in national politics. No one expects that he will be a partisan leader in 
national politics, but it is expected that the purification of the public service, which he 
must undertake as chief of the executive branch of the government, will have a beneficial 
effect upon the morals of his party as well as upon all branches of the government. It is 
evident that for this very reason Mr. Cleveland will be the antipode of the Republican 
candidate for the Presidency. The personal character and record of the Republican 
nominee are such that they lead to the conclusion that under his administration corrup- 
tion would be fostered more than ever and would completely poison the public service. 

The point has been forcibly made in Chicago that Cleveland's strength among the 
German-Americans is especially great, and this has, as we learn from good sources, 
contributed essentially toward securing him the nomination. ******* 
The Germans were recognized in Chicago as a model political element, which holds 
reform measures paramount over all other considerations and which cannot be made to 
swerve from this deep rooted opinion by party consideration or that kind of patriotism 
commonly called State pride. Blaine's personal corruption has principally brought 
about the decided aversion of the Germans against him, and his identification with the 
Prohibitionists and Knownothingism has given additional strength to this aversion. 

The Republican party has, since Blaine's nomination, entirely lost the hold it once 
had on the Germans, which had been greatly weakened after the slavery issue had been 
disposed of, and especially since the Republican party became a synonym for corruption. 
Hence, the nomination of Mr. Cleveland will make it especially advisable for the 
Germans to join en masse the Democratic party. The large Northwestern States, where 
the Germans have for so many years enabled the Republican party to maintain its 
power, have, under these circumstancee, become doubtful States, and we may expect a 
great political revolution in Indiana and Wisconsin, and perhaps even in Illinois. 



294 APPENDIX. 



Appendix. 

Thomas Jefferson's Inaugural Address. 

The first Democratic President, Thomas Jefferson, in his inaugural address on 
the 4th of March, 1801, promulgated the fundamental theories of government and 
constitutional construction, which still constitute the party creed. They should be 
studied and preserved in the minds and hearts of the people as an ever-living rebuke 
to the imperial tendencies of the Republican party. They are as follows : 

' ' About to enter, fellow citizens, on the exercise of duties which comprehend 
everything dear and valuable to you, it is proper that you should understand what 
I deem the essential principles of our government, and consequently those which 
ought to shape its administration. I will compress them within the narrowest 
compass they will bear, stating the general principle, but not all its limitations: 

' ' Equal and exact justice to all men of whatever state or persuasion religious 
or political. 

' ' Peace, commerce and honest friendship with all nations, entangling alliances 
with none. 

" The support of the State governments in all their rights, as the most competent 
administrations for our domestic concerns and the surest bulwarks against anti- 
republican tendencies. 

" The preservation of the general government in its whole constitutional vigor, 
as the sheet-anchor of our peace at home and safety abroad. 

"A jealous care of the rights of election by the people — a mild and safe 
corrective of abuses which are lopped by the sword of revolution where peaceable 
remedies are unprovided. 

"Absolute acquiescence in the decisions of the majority — the vital principle of 
republics from which there is no appeal but to force, the vital principle and imme- 
diate parent of despotism. 

"A well-disciplined militia, our best reliance in peace, and for the first moments 
of war, till the regulars may relieve them. 

" The supremacy of the civil over the military authority. 

"Economy in the public expense, that labor may be lightly burdened. 

"The honest payment of our debts and sacred preservation of the public faith. 

" Encouragement of agriculture and of commerce as its handmaid. 

' ' The diffusion of information and the arraignment of all abuses at the bar of 
public reason. 

"Freedom of religion ; freedom of the press ; freedom of the person under the 
protection of the habeas corpus ; and trials by juries impartially selected. 

" These principles form the bright constellation which has gone before us, and 
guided our steps through an age of revolution and reformation. The wisdom of 
our sages and the blood of our heroes have been devoted to their attainment. They 
should be the creed of our political faith — the text of civil instruction — the touch- 



APPENDIX. 295 

stone by which to try the services of those we trust ; and should we wander from 
them in moments of error or alarm, let us hasten to retrace our steps and to regain 
the road which leads alone to peace, liberty, and safety." 

William Allen's Definition of Democracy. 

The fundamental principles of Democracy were never better stated than by 
that distinguished leader ex-United States Senator William Allen, of Ohio. 

' ' Democracy is a sentiment not to be appalled, corrupted, or compromised. 
It knows no baseness ; it cowers to no danger ; it oppresses no weakness. Fear- 
less, generous and humane, it rebukes the arrogant, cherishes honor, and sym- 
pathizes with the humble. It asks nothing but what it concedes ; it concedes 
nothing but what it demands. Destructive only of despotism, it is the sole con- 
servator of liberty, labor and property. It is the sentiment of freedom, of equal 
rights and equal obligations. It is the law of nature pervading the land. The 
stupid, the selfish, and the base in spirit may denounce it as a vulgar thing ; but 
in the history of our race, the Democratic principle has developed and illustrated 
the highest moral and intellectual attributes of our nature. It is a noble, a sublime 
sentiment which expands our affections, enlarges the circle of our sympathies, and 
elevates the soul of man, until claiming an equality with the best, it rejects as 
unworthy of its dignity any political immunities over the humblest of his fellows. 
Yes, it is an ennobling principle ; and may that spirit which animated our revolu- 
tionary fathers in their contest for its establishment, continue to animate us, their 
sons, in the impending struggle for its preservation." 

Samuel J. Tilden's Farewell Letter. 

New York, June 10, 1884. 
To Daniel Manning, Chairman of the Democratic State Committee of New York : 

Sir — In my letter of June 18, 1880, addressed to the delegates from the State of New 
York to the Democratic National Convention, I said : 

" Having now borne faithfully my full share of labor and care in the public service, 
and wearing the marks of its burdens, I desire nothing so much as an honorable 
discharge. I wish to lay down the honors and toils of even quasi party leadership and 
to seek the repose of private life. 

"In renouncing renomination for the Presidency, I do so with no doubt in my mind 
as to the vote of the State of New York, or of the United States, but because I believe 
that it is a renunciation of re-election to the Presidency. 

"To those who think my renomination and re-election indispensable to an effectual 
vindication of the right of the people to elect their rulers, violated in my person, I have 
accorded as long a reserve of my decision as possible, but I cannot overcome my repug- 
nance to enter into a new engagement which involves four years of ceaseless toil. 

"The dignity of the Presidential office is above a merely personal ambition, but it 
creates in me no illusion. Its value is as a great power for good to the country. I 
said four years ago, in accepting the nomination : 

"' Knowing as I do, therefore, from fresh experience how great the difference is 
between gliding through an official routine and working out a reform of systems and 
policies, it is impossible for me to contemplate what needs to be done in the Federal 
administration without an anxious sense of the difficulties of the undertaking. 

" ' If summoned by the suffrages of my countrymen to attempt this work 1 shall 
endeavor with God's help to be the efficient instrument of their will. 



296 APPENDIX. 

" 'Such a work of renovation, after many years of misrule, such a reform of systems 
and policies, to which I would cheerfully have sacrificed all that remained to me of 
health and life, is now, I fear, beyond my strength. ' ' ' 

My purpose to withdraw from further public service, and the grounds of it, were at 
that time well known to you and to others ; and when, at Cincinnati, though respecting 
my wishes yourself, you communicated to me an appeal from many valued friends to 
relinquish that purpose, I reiterated my determination unconditionally. 

In the four years which have since elapsed, nothing has occurred to weaken, but 
everything to strengthen, the considerations which induced my withdrawal from public 
life. To all who had addressed me on the subject, my intention has been frankly com- 
municated. Several of my most confidential friends, under the sanction of their own 
names, have publicly stated my determination to be irreversible. That I have occasion 
now to consider the question is an event for which I have no responsibility. The appeal 
made to me by the Democratic masses, with apparent unanimity, to serve them once 
more is entitled to the most deferential consideration, and would inspire a disposition to 
do anything desired of me if it were consistent with my judgment of duty. 

I believe that there is no instrumentality in human society so potential in its influence 
upon mankind for good or evil as the governmental machinery for administering justice 
and for making and executing laws. Not all the eleemosynary institutions or the 
private benevolence to which philanthropists may devote their lives are so fruitful in 
benefits, as the rescue and preservation of this machinery from the perversions that make 
it the instrument of conspiracy, fraud and crime against the most sacred rights and 
interests of the people. 

For fifty years, as a private citizen, never contemplating an official career, I have 
devoted at least as much thought and effort to the duty of influencing aright the action of 
the governmental institutions of my country, as to all other objects. I have never 
accepted official service except for a brief period for a special purpose, and only where 
the occasion seemed to require from me that sacrifice of private preferences to the public 
welfare . 

I undertook the State administration of New York because it was supposed that in 
that way only could the executive power be swayed on the side of the reforms to which, 
as a private citizen, I had given three years of my life. 

I accepted the nomination for the Presidency in 1876 because of the general convic- 
tion that my candidacy would best present the issue of Reform, which the Democratic 
majority of the people desired to have worked out in the General Government, as it had 
been in that of the State of New York. I believed that I had strength enough then to 
renovate the administration of the Government of the United States, and at the close 
of my term to hand over the great trust to a successor faithful to the same policy. 

Though anxious to seek the repose of private life, I nevertheless acted upon the idea 
that every power is a trust, and involves a duty. In reply to the address of the com- 
mittee communicating my nomination, I depicted the difficulties of the undertaking, and 
likened my feelings in engaging in it to those of a soldier entering battle, but I did not 
withhold the entire consecration of my powers to the public service. 

Twenty years of continuous mal- administration under the demoralizing influence of 
intestine war and of bad finance have infected the whole governmental system of the 
United States with the cancerous growth of false constructions and corrupt practices. 
Powerful classes have acquired pecuniary interests in official abuses, and the moral 
standards of the people have been impaired. To redress these evils is a work of great 
difficulty and labor, and cannot be accomplished without the most energetic, efficient 
and personal action on the part of the Chief Executive of the Republic. 



APPENDIX. 297 

The canvass and administration, which it is desired that I should undertake, would 
embrace a period of nearly five years. Nor can I admit any illusion as to their burdens. 
Three years of experience in the endeavor to reform the municipal government # of the City 
of New York, and two years of experience in renovating the administration of the State 
of New York, have made me familiar with the requirements ot such a work. 

At the present time, the considerations which induced my action in 1880, have become 
imperative. I ought not to assume a task which I have not the physical strength to 
carry through. To reform the administration of the Federal Government; to realize 
my own ideal, and to fulfill the just expectations of the people, would indeed warrant, as 
they could alone compensate, the sacrifices which the undertaking would involve. But, 
in my condition of advancing years and declining strength, I feel no assurance of my 
ability to accomplish these objects. I am, therefore, constrained to say, definitely, that 
I cannot now assume the labors of an administration or of a canvass . 

^Undervaluing in no wise that best gift of heaven, the occasion and the power some- 
times bestowed upon a mere individual to communicate an impulse for good ; grateful 
beyond all words to my fellow countrymen who would assign such a beneficient function 
to me, I am consoled by the reflection that neither the Democratic party, nor the Repub- 
lic for whose future that party is the best guarantee, is now, or ever can be, dependent 
upon any one man for their successful progrsss in the path of a noble destiny. 

Having given to their welfare whatever of health and strength I possesse d, or could 

borrow from the future, and having reached the term of my capacity for such labors as 

their welfare now demands, I but submit to the will of God in deeming my public career 

forever closed. 

SAMUEL J. TILDEN. 



CONTENTS. 299 



CONTENTS. 



■ «♦» 

PAGES' 

DEMOCRATIC PLATFORM 1-7 

GOV. CLEVELAND NOTIFIED 8-10 

GOV. CLEVELAND'S LETTER OF ACCEPTANCE 11-13 

GOV. HENDRICKS NOTIFIED 14-16 

GOV. HENDRICKS' LETTER OF ACCEPTANCE 17 

LIFE OF GOV. CLEVELAND 18-21 

PUBLIC RECORD OF GOV. CLEVELAND 22-78 

LIFE OF GOV. HENDRICKS 79-82 

PUBLIC RECORD OF GOV. HENDRICKS 83-89 

RECORD OF BLAINE. 

The Mulligan Lettees 90-113 

A Side Speculation 113 

Press Comments 114-116 

Blaine the Friend op Railroads 116-121 

Blatne and the Miners , 121-122 

A RETURN TO CONSTITUTIONAL METHODS. 

Democratic Principles 123 

De Tocqueville's definition 123 

Madison's rules of constitutional construction 128-125 

Justice Field's protest against centralization 125-126 

Horatio Seymour on State and Federal powers 136-128 



-300 CONTEXTS. 

PAGES. 

Republican Tendencies 128 

Hamilton's theory of government 128 

Blaine's revenue-centralization scheme 129-132 

The Centennial of the Constitution 132 



ADMINISTRATIVE REFORM. 

Open the Books 133-145 

Defalcations of United States Officials 145-169 



CIVIL SERVICE REFORM. 

Republican Tendencies 170 

Senator Hoar's arraignment 170 

Robber Barons 170-171 

Hubbell's letters of assessment 171-172 

Letters of the present campaign 172-173 

Democratic Principles and Protests 173 

Senator Pendleton's speech , 173-178 

THE OVERTHROW OF MONOPOLIES. 

History of our Public Lands 179 

How acquired 179 

How disposed of 180-185 

Land Grants to Rallroads 185-222 

Foreign Land Owners 222 

Unlawful Fencing of Public Domain 223-224 

PROTECTION OF LABOR. 

History of Bills ln 4Sth Congress 225 

Bureau of labor statistics 225 

Prohibition of contract labor 226-232 

The eight-hour law 232 

Miscellaneous bills 232-233 

The Chinese Question 234-241 



CONTENTS. 301 

PAGES. 

PROTECTION OF PERSONAL LIBERTY. 

Republican Tendencies . 242 

Mr. Joyce's bill 242-243 

The Iowa liquor law 244-247 

Mr. Blaine's sentiments 247 

Democratic Principles 247 



PROTECTION OF AMERICAN CITIZENS ABROAD. 

Republican Neglect 248 

Case of O'Mahoney .248-249 

Case of McSweeney .250-255 

Interesting correspondence 255-257 

Case of O'Connor 257 

Democratic Principles and Protests 258 

Senator Voorhees' speech 258-260 

Governor Cleveland's sentiments , 260-262 

OUR FOREIGN POLICY. 

Importance of the Subject 263 

Spanish-American commerce 263-264 

Dangerous Policy of Republican Party 265 

Mr. Blaine's ofhciousness : 265-266 

The Chili-Peru affair 266-272 

Boundary between Mexico and Guatemala 272-274 

Conservative Policy of Democratic Party 274 

Sentiments of Washington and Jefferson 274 

HONEST MONEY FOR HONEST LABOR. 

Mr. Hewitt's Speech 275-279 

THE INDEPENDENT TIDAL WAVE. 

Its Significance 380 

Mr. Codman's Address 280-283 

Mr. Curtis' Address 283-286 



302 CONTENTS. 

PAGES. 

Mr. Schurz's Addeess 285-287 

Independent Press on Blaine 287-291 

Independent Press on Cleveland 291-293 

APPENDIX. 

Thomas Jefferson's Inaugural Address 294 

William Allen's Deflnition of Democracy 295 

Samuel J. Tilden's Farewell Letter 295-297 






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